Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Sworn affidavit of complainant is necessary in support of complaint - Complaint without sworn affidavit of complainant - Order referring complaint to police for investigation and subsequent registration of FIR set aside...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Direction to register case and its investigation by police should be exercised where some `investigation' is required...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Complainant in possession of complete details of all accused as well as the witnesses - Neither recovery needed nor any such material evidence is required to be collected which can only be done by the police - In such a case procedure of complaint case should be adopted...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Merely because facts are in the knowledge of applicant, direction to lodge FIR cannot be refused...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Gravity/seriousness of the offence, requirement of evidence for the purpose of launching a successful prosecution and basically the interest of justice depending on the facts of each case needs to be considered in passing the order u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Accused has no right to seek investigation in a particular manner and even Court does not have any jurisdiction to supervise the investigation, as investigation is within exclusive domain of the police...........
Criminal Procedure Code, 1973, Section 156, 482 -- Defective investigation - Investigation is still at a very nascent stage, and petition appears to have been filed prematurely without awaiting its outcome - Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, aggrieved person can seek recourse by approaching a superior police officer..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Defect in investigation cannot be a ground to cat away the testimony of witnesses, which is otherwise proved...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
Criminal Procedure Code, 1973, Section 156(3), 154(1), 154(3), 465(2) -- Application u/s 156(3) Cr.P.C. - Non-compliance of Ss.154(1), 154(3) Cr.P.C - Charge alleging commission of offence punishable u/s 406 IPC was already filed after detailed investigation - Petitioner did not challenge the proceedings before filing final report by police - In view of protection u/s..........
