Thursday, 25 June 2020

Important Supreme Court and Bombay HC Caselaws on S 156(3) of CRPC

1) Supreme Court: Magistrate Can Invoke Power U/S 156(3) CrPC Even At Post-Cognizance Stage 

2) Whether Magistrate can pass order U/S 156(3) of CRPC under prevention of Corruption Act?

3) Whether revision is maintainable if FIR is registered on basis of order passed by Magistrate U/S 156 of CRPC?

4) Whether Magistrate should follow principles laid down by Supreme Court for registration of FIR against doctors under S. 156(3) CrPC?

5) Whether magistrate can recall his own order U/S 156 of CRPC if it was obtained by fraud?

6) Whether civil court can direct investigation U/S 156 of CRPC against plaintiff?

7) What are necessary conditions for passing order U/S156 of crpc by Magistrate? 

8) Whether court can direct investigation U/S 156 of CRPC against public servant without previous sanction for prosecution?

9) Whether magistrate can take cognizance of offence U/S 200 of CRPC instead of directing investigation U/S 156 of CRPC?

10) Supreme Court: Magistrate can direct registration of FIR and monitor investigation

11) Whether Revision is maintainable against order passed under S 156(3) CRPC?

12) Whether magistrate can order investigation U/S 156 of CRPC against public servant unless sanction for prosecution is obtained against him? 

13) Whether Special Judge(anti corruption) can order investigation U/S 156 of CRPC?

14) Whether magistrate can direct investigating officer to add sections in FIR registered as per his direction U/S 156 of CRPC?

15) Whether Magistrate is bound to direct investigation if complaint U/S 156 of CRPC is filed?

16) When complaint U/S 156 of CRPC can directly be made to magistrate without giving FIR to police?

17) Essential requirements for taking cognizance of offence punishable U/S 156 of crpc

18) Whether Magistrate can direct police investigation under S 156 of CRPC in session triable cases?

19) Whether Magistrate should retain original record with court while ordering investigation under S 156 of CRPC?

20) Whether Magistrate can order police investigation under S 156 of CRPC if complaint does not disclose cognizable offence?

21) Supreme Court: Police can not arrest accused if Magistrate has directed inquiry U/S 202 of CRPC

22) Supreme Court: Complaint U/S 156 of CRPC should be on affidavit

23) Whether party should approach High Court if police fails to register offence on the basis of report given by him?

24) Whether prosecution U/S 156 of CRPC can be initiated against Judges without sanction for prosecution?

25) Whether Magistrate can direct police to file chargesheet?

26) Bombay HC: Police is liable for contempt of court if fails to investigate inspite of order of Magistrate U/S 156 of CRPC

27) What are powers of magistrate as per S156 CRPC and S 202 of CRPC?


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