Under what circumstances a Magistrate can make an order for investigation of an Offence?

If the officer in charge has any reason to suspect the commission of an offence, they may investigate. After this officer in charge shall be sent the same report to a magistrate. It was mandated under Section 157 that a copy of FIR was sent to the magistrate as soon as possible.

Can we file a revision petition against dismissal of 156 3?

The fact that in the event of a remand by the revisional court to the Magistrate, for fresh consideration of an application under Section 156 (3), such a person has no right of a hearing does not preclude a right of a hearing in revision when the original order rejecting an application under Section 156 (3) is assailed …

What is Section 156 3 of the Cr PC?

Section 156(3) of C.r.P.C simply says that if the police authority does not perform their duty i.e register the complaint or F.I.R, then magistrate who is empowered under Section 190 of C.r.P.C may order an investigation by a police officer.

Who can issue an order of investigation under section 156 3 of Cr PC?

Section 156(3) � Power of Magistrate u/s 190 to order investigation u/s 156. InSakiri Vasu vs State of U.P And Others it was held that if a person has any grievance that the police is not registering an FIR then he can approach Superintendent of Police (SP) under Section 154(3) CrPC with a written application.

What IPC 156?

—Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent …

What is Section 158 of the Cr PC?

Section 158 in The Code Of Criminal Procedure, 1973. 158. Report how submitted. (1) Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.

Can Magistrate monitor investigation?

“The Sakiri Vasu decision says Magistrate has power to monitor investigation under Section 156(3) CrPC”, Luthra submitted. “When the police go to the scene of crime first..that is the crucial visit…if evidence is collected in the presence of Magistrate, it will ensure fool-proof investigation”, CJI said.

What are the limitation period of taking cognizance of offence?

six months, if the offence is punishable with fine only; one year, if the offence is punishable with imprisonment for a term not exceeding one year; three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

What is the meaning of section 156?

What is the process of 156 3?

Any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein.

What CrPC 157?

157. Procedure for investigation preliminary inquiry. (b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.

What is Section 156 of the CrPC?

Section 156 of the Cr.PC. reads as under: Police officer’s power to investigate cognizable case.

What is Section 156(3) of Criminal Procedure Code 1973?

The power under Section 156 (3) of the Criminal Procedure Code, 1973 (Cr.P.C.) can be exercised by the Magistrate to direct the police to conduct investigation, only in respect of a cognizable offence.

Who has the power to order police investigation under Section 156(3)?

It is important to note that, the power to order police investigation under Section 156 (3) of the Cr.P.C is different from the power to direct investigation conferred by Section 202 (1) of the Cr.P.C. The power under Section 156 (3) of the Cr. P.C. has to be exercised by the Magistrate judicially on proper grounds and not in a mechanical manner.

Can a court extend the benefit of a revision under Section 156(3)?

Another High Court does not accord the benefit of a revision to any direction under Section 156 (3) of the Code and then another High Court extends the benefit to all orders passed under Section 156 (3) of the Code.