Criminal Procedure Code, 1973, Section 156, 173, 190, 200 -- Complaint - Sent to Police for investigation - Receipt of police report - Magistrate can (i) drop action (ii) May take cognizance of offence; (iii) may examine upon oath the complainant and his witnesses u/s 200 Cr.P.C. and may hold or direct an inquiry u/s 202 and thereafter to issue process or to dismiss..........
Criminal Procedure Code, 1973, Section 482, 154, 156 -- FIR - Not to be quashed if it discloses basic ingredients of offence - Further when FIR is recorded by police on orders passed by Magistrate u/s 156 Cr.P.C. is added prohibition to quash FIR...........
Criminal Procedure Code, 1973, Section 156(2), 200 -- Scope of application under Section 156(3) Cr.P.C. and that of complaint are different...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) cannot be treated as a complaint...........
Criminal Procedure Code, 1973, Section 202, 156(3), 200 -- Complaint - Preliminary evidence recorded - Thereafter report of SHO called - Held, by recording preliminary evidence Magistrate cannot be said to have taken cognizance of the offence - Before issuance of process by Magistrate it cannot be concluded that cognizance has been taken by him because he has yet to make..........
Criminal Procedure Code, 1973, Section 156(3), 195, Indian Penal Code, 1860, Section 120B, 420, 464, 465, 467, 471, Constitution of India, 1950, Article 226 -- Complaint u/s 120-B, 420, 464, 465, 467 and 471 IPC - Prior to taking cognizance order of investigation made - Order cannot be interfered exercising jurisdiction under Article 226 on mere possibility of operation of..........
Criminal Procedure Code, 1973, Section 156, 482, Indian Penal Code, 1860, Section 306 -- Bride burning - Evidence shows that deceased did not commit suicide but was burnt by her husband and in-laws - Challan however put up u/s 306 IPC - S.P. Crime directed to re-investigate the case...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint - Order as to investigation by police - Magistrate is empowered to direct investigation by police officer incharge of Police Station to investigate cognizable offence with which such Magistrate has jurisdiction and it does not empower the Magistrate to refer complaint to CB-CID for investigation...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) cannot be ordered to be registered as complaint - Scope of application u/s 156(3) and that of complaint are different...........
Indian Penal Code, 1860, Section 494, 494A, Dowry Prohibition Act, 1961, Section 3, 4, 6, Criminal Procedure Code, 1973, Section 156(3) -- Private complaint for offence under Ss.494, 494-A IPC and Ss.3,4 & 6 Dowry Prohibition Act - Magistrate referred complaint for investigation to police - Order set aside as cognizance of offence under S.494 IPC by Court can only be on a..........
