If this Chapter is extended to the Presidency town of Calcutta, “District Magistrate” shall, for the purposes of this Chapter, mean, in that town, the Commissioner of Police. The Bengal Suppression Of […]
The magistrate at wife’s parents’ place has jurisdiction to entertain complaint connected with Cruelty and DV Act
SUPREME COURT OF INDIA DIVISION BENCH ( Before : G.T. Nanavati, J; G. N. Ray, J ) SMT. SUJATA MUKHERJEE — Appellant Vs. PRASHANT KUMAR MUKHERJEE — Respondent Criminal Appeal No. 46 […]
Section 167(3) of Cr.PC requires the Magistrate to record reasons for granting remand to police custody
ANDHRA PRADESH HIGH COURT SINGLE BENCH ( Before : Vaman Rao, J ) MD. JAHANGEER Vs. STATE OF A.P. Criminal RC No. 123 of 2000 Decided on : 08-02-2000 Criminal Procedure Code, […]
UNDER CONSTRUCTION Jurisdiction of the Criminal Court Magistrates and their Courts Receiving complaints Recording Statements Bail and Remands Sending Cases to the Sessions Court Interection with the lawyers Presenting the Accused The […]
Magistrates before taking cognizance should apply their mind to ascertain as to whether there is any legal bar to take cognizance
Whenever a private complaint is lodged, the learned Magistrates have to go through the contents of the complaint in order to ascertain whether plain and broad reading of the allegations made in […]
In one 156(3) Cr.P.C case police shall not arrest the accused without taking permission from magistrate
06-12-2001-Criminal Procedure Code, 1973 (CrPC) – Section 156 – Arrest of accused – Permissibility – If the police, after preliminary investigation, discover some reliable evidence of the involvement of accused in the offence and if the police require his arrest for the purpose of investigation, it would be open to the police to place the facts and material before the Magistrate, who will consider whether arrest on those facts and material would be necessary for the purpose of investigation or not, and accordingly issue or refuse to issue warrant of arrest.
Once a request for extradition is received in India, the Central Government may by virtue of Section 5 of the Extradition Act issue an order to any Magistrate who would have jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction to inquire into the case.
The basic merit of the administration of criminal justice in the State lies in the face that the person arrested by the police is entitled to come before an independent and impartial Magistrate who is expected to deal with the case, without the Magistrate himself being in any way a partisan or a witness to police activities.
Whether a Magistrate is empowered under Section 156(3) Cr.P.C. to direct the Crime Branch CID to investigate an offence?
The extract of Section 156 Cr.P.C.: “156. Police officer’s power to investigate cognizable cases (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any […]
though the Code of Criminal Procedure gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the High Court under Article 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal powers