Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) - Fake and fabricated sale deed - Rejection of application on the ground that it is for the civil Court to cancel the sale deed - Held, application discloses the commission of cognizable offence - Court below directed to take up the application afresh and decide it in accordance with law...........
Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Cognizable offence - Non registration of case - Direction to police to register a case - Such a direction cannot be issued unless petitioner avails alternative remedy available under the Code viz. to send the substance of such information in writing to SSP in case of refusal of Officer-in-charge of a police post to..........
Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Cognizable offence - Non registration of case - Remedies available - Substance of such information can be sent to SSP in writing by post - SSP can either investigate himself or can direct investigation by any police official subordinate to him - Complainant can also avail remedy available u/ss 199 r/w S.200 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 154 -- Provision of S.154 Cr.P.C. is mandatory - Concerned Police Official is duty bound to register a case on receiving information disclosing cognizable offence - Genuineness or otherwise of the information can only be considered after registration of the case - Genuineness or credibility of the information is not a condition..........
Criminal Procedure Code, 1973, Section 482 -- Second FIR - Quashing of - Managing Director and then Chairman of Bank - Complaints filed subsequently not in respect of malfeasance and misfeasance in respect of same cognizable offence or the same occurrence giving rise to one or more cognizable offences nor they alleged to have been committed in the course of the same..........
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 498A, 304B -- Order u/s 156(3) with a direction to police for investigation for an offence u/s 498-A, 304-B IPC - Petition for quashing order - Deceased married and died at the age of 24 years - Though post mortem revealed no injury on any part of body of deceased but viscera preserved for..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Cognizable offence - It is mandatory for a police officer in a cognizable offence to record FIR - It is not permissible that it should be recorded after due deliberations or after inspection of spot...........
Criminal Procedure Code, 1973, Section 156, 154 -- Complaint - Magistrate can refer a complaint to Police for registration as an FIR only when complaint discloses prima facie case of commission of cognizable offence - Equally, Police has no power to register a complaint as an FIR unless the complaint discloses a prima facie case of commission of a cognizance offence...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint - Referring to police for investigation - Magistrate can refer a complaint to Police for registration as an FIR only when complaint discloses prima facie case of commission of cognizable offence - Police has no power to register a complaint as an FIR unless complaint discloses a prima facie case of commission of a..........
Indian Penal Code, 1860, Section 494 -- In Andhra Pradesh offence u/s 494 IPC is cognizable and can be investigated by police - Magistrate of First Class can take cognizance...........
