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 »
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 »
Section 156(3) CrPC is the power of Magistrate to order investigation. In the case of Priyanka Srivastava vs. State of Uttar Pradesh [(2015) 6 SCC 287], the Supreme Court held that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). It was also observed that the application …
Can S 156(3) CrPC Petition Be Entertained If S 154 CrPC Procedure Is Not Exhausted? Read More »
As per section 82(1), if any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a …
S 82 CrPC – Proclaimed Offender Or Proclaimed Person? Read More »