Section 160 CrPC deals with police officer’s power to require attendance of witnesses. Sub Section (1) reads as follows: Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the …
Can a Magistrate reject a complaint at the pre-cognizance stage if the complaint on the face of it does not make out the offence alleged ? In Raju Puzhankara v. State of Kerala [ 2008 (2) KHC 318 : 2008 (2) KLT 467] , the Kerala High Court held that there is a power in every …
S 190, 200 CrPC – Rejection Of Complaint At Pre Cognizance Stage Read More »
We received a query today in which it is stated that a Sessions Judge always undertakes examination of witnesses in a random fashion, based on availablility. In other words, whichever witness is brought to court by the police is examined, instead of following the chronolgical order given in the list of witnesses. On research, we …
S 230,242 CrPC – Chronological Examination Of Witnesses Read More »
A three judges bench of the Supreme Court in Devarapalli Lakshminarayana Reddy vs V. Narayana Reddy [ (1976) 3 SCC 252 ] , held thus : “The power under Section 156(3) can be invoked by the Magistrate before he takes cognizance of the offence under Section 190(1)(a). But if he once takes such cognizance and …
S 156(3) CrPC – Ordering Further Investigation At Post Cognizance Stage Read More »
We got an interesting query regarding Section 202 CrPC today. Section 202 CrPC deals with the Postponement of issue of process. It reads as follows: (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, …
S 202 CrPC – Either Inquiry Or Investigation Or Both? Read More »
Delhi HC : [Vijay Agrawal vs Directorate Of Enforcement ] : Howsoever serious the offence may be, the health condition of a human being is paramount. The custody during the period of investigation cannot be termed to be punitive in nature. The health concern of a person in custody has to be taken care of by …