Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Public servant - Sanction for prosecution - Requirement of sanction is pre-condition for ordering investigation against a public servant u/s 156(3) Cr.P.C., even at a pre-cognizance stage...........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Investigation - Magistrate who is empowered u/s 190 Cr.P.C. to take cognizance, alone has power to refer a private complaint for police investigation u/s 156(3) Cr.P.C...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 156 -- Rape - Defective investigation - Age of prosecutrix - No document collected to establish prosecutrix's age on the day of incident - Prosecution failed to examine any witness to prove if prosecutrix was below 16 years of age - Exact age of prosecutrix not surfaced on record, as prosecutrix..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for proper investigation - Includes registration of FIR - Even where a Magistrate does not do so in explicit words but directs for investigation u/s 156(3) of the Code, police should register an FIR...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Electronic record - Police can requisition the services of Computer Experts and Experts from Forensic Science Department to retrieve data from a huge server through USB drive or CD drive or any other gadget for the purpose of investigation and production of the same before Court without disturbing the integrity..........
Criminal Procedure Code, 1973, Section 156(3) -- Order directing police to investigate the case - Revision - Maintainability - Petitioners being a prospective accused, has no right to challenge the said order by way of revision - Revision, held, not maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156 Cr.P.C. - Said application in fact a criminal complaint though mentioned as application - If Magistrate decides not to forward the same to police for registration of a case, then he is required to follow the procedure for trial of cases instituted otherwise than on police report - In that eventuality,..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Provision of S.156(3) Cr.P.C. is discretionary and not mandatory as application has to be supported by an Affidavit - It is because once an affidavit is found to be false, deponent will be liable for prosecution in accordance with law - This will deter from casually invoking the authority of..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Murder case - Death by burning - I.O seemed to have deliberately or negligently erred in investigating the case - No efforts were made by I.O to investigate the place of occurrence, seizure of surrounding material etc. - Defence deposed before Court that deceased locked herself in the bathroom, poured..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Offence u/ss 304-B, 498-A, 201 IPC - Accused acquitted viz. (i) Shoddy, casual, laconical and insensitive investigation conducted by police; (ii) diary of deceased though seized, had not been produced at trial; (iii) evidence of relative of deceased who had opined that dead body was not that of..........