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Oct 3, 2016 · As laid down in Section 156 (3) of Criminal Procedure Code, the Magistrate has the power to order an investigation by the officer in charge of the police station. It is germane to point out that in the recent case of Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287 : 2015 Cri LJ 2396 : AIR 2015 SC 1758, the Supreme Court held as under:
Jun 2, 2018 · The Supreme Court further held that where a Magistrate orders investigation by the police under Section 156(3) of the Code before taking cognizance and receives the report of the police thereupon, he can act on the report and discharge the accused or straightaway issue process against the accused or apply his mind to the complaint filed before him and take action under Section 190 of the Code.
Sep 7, 2017 · After hearing JM first class dismissed the application filed by the wife under sec 156(3) stating no cognizable offence committed hence no need to give directions under 156(3). My query is that when a prayer for 156(3) Crpc declined by judicial magistrate can revision of this order maintainable before the court of sessions or other.
Feb 9, 2023 · However, even thereafter if the Superintendent of Police fails to direct for registering an FIR, the Complainant / Informant is empowered to approach a Magistrate under Section 156(3) of the Cr.P.C. to invoke the power of the Magistrate to Direct Investigation in a matter. Section 156 of the Cr.P.C. is as follows: “156.
Nov 13, 2017 · Answer: Power under Section 156(3) of the Cr.P.C. can be exercised by Magistrate to direct police to conduct investigation, only in respect of a cognizable offence. Usually, a complaint relating to the commission of a cognizable offence is given directly to police under Section 154 of the Criminal Procedure Code, which is recorded in the form of FIR (First Information Report).
Apr 7, 2018 · In our considered opinion, a stage has come in this country where Section 156(3) CrPC applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate.
Nov 8, 2017 · Answer: The answer is “yes”. Where a Magistrate receives a complaint of an offence of which he is authorised to take cognizance and the accused person is residing at a place beyond the territorial jurisdiction of the Magistrate, it is mandatory under Section 202 (1) of the Criminal Procedure for the Magistrate to first conduct an inquiry ...
Sep 18, 2015 · there is case CRM-M-3416/2013 DOD-21 jan 2014 dismissed 156(3) crpc no FIR was made out and said approach to before the learned magistrate of your area if the decision jan 2014 then now today date is 19/07/2016 can i file fresh complaint under section 156(3) crpc before the learned magistrate or may be its limitation barred i cant file now.
May 25, 2018 · State of Rajasthan, (2001) 3 SCC 333 : 2001 Cri LJ 968 : AIR 2001 SC 668, the Supreme Court has held that what is contained in sub-section (3) of Section 156 of the Cr.P.C., is the power of a Magistrate to order an “officer in charge of a police station” to conduct an investigation referred to in sub-section (1) thereof, because the words “order such an investigation as abovementioned” in sub-section (3) are unmistakably clear as referring to the other sub-section.
Siddharth Wadhwa, 2017 SCC OnLine Del 6444, as per which a revision petition in the Sessions Court against order of Magistrate under Section 156(3) CrPC is maintainable. Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books.
