Criminal Procedure Code, 1973, Section 156(3) -- Proceedings u/s 156(3) Cr.P.C. - FIR was lodged and on completion of investigation charge sheet was filed - With unsatisfied with investigation proceedings initiated u/s 156(3) Cr.P.C. - To pursue said proceedings charge sheet submitted by investigating agency before JJ Board is quite relevant - Photocopies of testimonies of..........
Criminal Procedure Code, 1973, Section 154, 156(3) -- FIR - Can be lodged by private person against wrongs done by another private person regarding immovable property belonging to Government - Order of summoning of accused on basis of said FIR affirmed...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - No external agency can dictate course of investigation in a criminal case - It is within exclusive jurisdiction of police - Court also cannot supervise investigation - However, in exceptional situations Superior Courts may monitor an investigation - But that is not same as supervision...........
Criminal Procedure Code, 1973, Section 482, 156 -- Direction for registration of FIR and further investigation to be handed over to CBI - Fake police encounter - Deceased was involved in criminal activities and was killed in shoot out with the police - Encounter appears to have actually taken place, where both the sides had fired at each other - Deceased being one of..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Cannot vitiate conviction when there is adequate independent evidence to bring home the charge against the accused...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Can only be treated as application for passing order for registration of case and investigation and it cannot be treated as complaint case - Magistrate is not always bound to pass order to register a case and investigate if cognizable offence is made out - Magistrate is fully competent to use..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Magistrate on day of presentation of compliant on its first page directing to put up case for verification - Merely by endorsing upon complaint as `Put up for verification' by itself is not sufficient to hold that by passing such order Court has applied its mind or found reasons sufficient to..........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Direction for investigation - Power to order police investigation u/s 156(3) Cr.P.C. is different from power to direct investigation conferred by S.202(1) Cr.P.C. - Two operate in distinct spheres at different stages - First is exercisable at pre-cognizance stage and second at post-cognizance stage when Magistrate is..........
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 156 -- Defective Investigation - Offence u/ss 302, 376 IP - Accused may not be acquitted on minor lapses by police in conducting investigation - Moreover, it is almost impossible to come across a single case where investigation is completely flawless or absolutely foolproof...........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Taking cognizance and ordering pre summoning evidence instead of issuing direction to police to register FIR - Order upheld as nature of evidence required to be led to substantiate such accusations does not require any police investigation...........