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...........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Power of Magistrate - When Magistrate comes to conclusion that on facts no cognizable offence is made out, he can opt not to send complaint to police authorities for registration of case...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 420, 406, 417, 465, 467, 468, 471, 120B -- Direction for registration of FIR - FIR u/ss 379, 420, 406, 417, 465, 467, 468, 471, 120-B IPC - DDR for loss of document including signed cheques were registered in 2007 by husband of complainant - Whereas cheque in question was issued in 2009,..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Not required for passing an order u/s 156(3) or for search warrant - However, it is required at the stage of taking cognizance of offence, when Magistrate applies his mind to legal proceedings and considers police report or material before it...........
