Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Power of Magistrate - Held, merely because an application u/s.156(3) of Cr.P.C. is moved Magistrate is not bound to order police to register case - There must be some substance on basis of which it could reasonably be inferred that some cognizable offence was committed - Application u/s.156(3) Cr.P.C. could..........
Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 154(1), 156, 162, 41, 173 -- Registration of second FIR - Violation of fundamental right - Registration of second FIR in different police station for same offence is not permissible - It violates fundamental right of accused u/Art.21 - Even in cases where two or more police stations have..........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Complaint forwarded by Magistrate to Police for investigation - Held, it is not open to him either to refuse to cause investigation or even to inform Magistrate that it is appropriate that investigation be caused by another police station...........
Criminal Procedure Code, 1973, Section 156 -- Duty of Investigating Officer - Held, Investigating Officer not only to investigate case from point of view of complainant but also investigate it from view point of accused - Investigating Officer is duty bound to collect evidence available from side of complainant, as well as from side of accused - It is only after..........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Eve teasing - Non registration of FIR - Application u/s 156(3) Cr.P.C. - Treated as complaint and complainant directed to appear in Court for recoding of statement u/s 200 Cr.P.C. - Magistrate acted in most casual manner and did not properly exercise his discretion in the matter - Impugned order set aside - Order..........
Criminal Procedure Code, 1973, Section 156(3) -- At the time of deciding an application u/s 156(3) Cr.P.C. Magistrate is not required to give a finding on various questions of fact involved in the matter, but is simply to consider whether any cognizable offence is disclosed or not...........
Criminal Procedure Code, 1973, Section 156, 482 -- Custodial death - Transfer of investigation to CBI - State investigating agency failed to conduct investigation in fair and impartial manner and abrogated and derelicted its basic sovereign duty to investigate crime - FIR registered u/s.304(Part I)PC instead of S.302 IPC - No investigation relating to previous animosity..........
Criminal Procedure Code, 1973, Section 156, Constitution of India, 1950, Article 21 -- Cognizable offence - Investigation - Power of police - Held, power of Police Officers in field of investigation of a cognizable offence is not unlimited - Hence, power during investigation must be exercised strictly within limitation prescribed in CrPC and such power may not result in..........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Complaint - Cognizable offence - In the case of a complaint regarding the commission of cognizable offence, the power u/s 156(3) Cr.P.C. can be invoked by Magistrate before he takes cognizance of the offence u/s 190(1)(a) of the Code - However, if he once takes such cognizance and embarks upon the procedure embodied in..........
Criminal Procedure Code, 1973, Section 156(3) -- Report received u/s 156(3) Cr.P.C. from the police after investigation - Magistrate can act on the report and discharge the accused or straightaway issue process against the accused or apply his mind to the complaint filed before him and take action u/s 190 of the Code...........
