Section 157(1) CrPC reads as follows: If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of …
Can a Magistrate order police investigation under Section 156(3) CrPC if the complaint alleges only non-cognizable offence? Section 156(3) CrPC says any Magistrate empowered under section 190 may order such an investigation as above-mentioned. Section 156 marginal note reads “Police officer’s power to investigate cognizable case.” and Section 156(1) also speaks about police power to investigate …
The Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under …
S 156(3) CrPC – Wide Powers Of Magistrate – Sakiri Vasu vs State of UP 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 »