Short Summary of CRPC For Exams & Practice Aspect for Lawyers & Dias tool of JMFC
- Investigation :-
- Section 155(2) of the Crpc :-
- Magistrate Order to Police to investigate N.C.Offence
- Section 156(3) of the Crpc :-
- Magistrate's direction (without recording the verification (Mohd. Yusuf Vs. Smt. Afaq Jahan and Anr. AIR 2006 SC 705) to the Officer in Charge of Police Station to Investigate cognizable offence.
- Section 156(3) Application Should be supported by affidavit
- Mrs. Priyanka Srivastava & Anr. Vs. State of U.P. & Ors. 2015 (96) SCC 287
- Magistrate has discretion to reject Section 156(3) prayer and to direct for Section 200 Verification
- Sachin Vs. The State of Maharashtra , 2014 All. M.R. (Cri) 1833
- Section 156(3) and 200
- Cognizance means not mere applying mind but for the purpose of proceedings under Section 200 and its subsequent provisions Nirmaljit Singh
- Hoon Vs. The State of West Bengal , AIR 1972 SC 2639
- After Section 156(3) order, original complaint/application and order be retained on record and certified / attested copies be sent to the police.
- If Cr. M.A./Cri. Case is disposed off after Section 156(3) order as the matter would come again under section 173(2) of the CrPC. direction be given to tag the R & P with the final report whenever filed.
- Magistrate cannot direct CBI or CID
- CBISP Jaipur Vs State of Rajasthan & Anr. AIR 2001 SC 668
- State of Maharashtra Vs Ibrahim A. Patel 2008 Cri L J 1496 (Bom) (DB)
- After investigation police to submit charge Sheet before the Court Competent to take Congnizance
- Satvinder Kaur Vs State (1999) 8 SCC 728
- Cognizance means not mere applying mind but for the purpose of proceedings under Section 200 and its subsequent provisions Nirmaljit Singh
- Section 173 :-
- Final report I.e. Charge Sheet or Final Summaries A,B,C or Abated to be filed on completion of investigation. (Rule 203 of the Bombay Police Manual, Volume III Summaries A B and C explained
- State Vs. Shankar Bhaurao Khirode , AIR 1959 Bom 437
- Criminal Complaint by Court / Magistrate under Section 340 or 341 is deemed to be a case on Police report in View of Sec. 343
- Section 173(8) :-
- Magistrate has jurisdiction to direct further investigation
- Chandra Babu Vs State and Ors (2015) 8 SCC 774
- Magistrate has jurisdiction to direct further investigation
- Section 164 :-
- Magistrate to record the confession of the accused and statement of witness before commencement of inquiry or trial.
- Obtain Signature of accused on the confession - Section 281 CrPC & Chapter - 1 , Cr. Manual.
- Statement of witness be recorded as per Chapter 23 CrPC (Witness need not sign the Statement)
- Magistrate to record the confession of the accused and statement of witness before commencement of inquiry or trial.
Short Summary of CRPC For Exams & Practice Aspect for Lawyers & Dias tool of JMFC
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