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.… Read More In one 156(3) Cr.P.C case police shall not arrest the accused without taking permission from magistrate

Procedure to be followed by the Magistrate in Case of Extradition inquiry

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. … Read More Procedure to be followed by the Magistrate in Case of Extradition inquiry

Magistrates are the normal custodians of general administration of criminal justice

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.… Read More Magistrates are the normal custodians of general administration of criminal justice

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 cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into… Read More Whether a Magistrate is empowered under Section 156(3) Cr.P.C. to direct the Crime Branch CID to investigate an offence?

Power of the police to investigate has been made independent of any control by the Magistrate

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… Read More Power of the police to investigate has been made independent of any control by the Magistrate

The period of limitation in case of Criminal complaint is to be determined on the date of presentation of the complaint to the magistrate

After referring to several decisions, the  Supreme Court held that the limitation prescribed under Section 468 of the Code should be related to the filing of complaint and not to the date of cognizance by the Magistrate or issuance of process by the Court. In Basavantappa Basappa Bannihalli and Anr. v. Shankarappa Marigallappa Bannihalli, 1990… Read More The period of limitation in case of Criminal complaint is to be determined on the date of presentation of the complaint to the magistrate

Powers of a magistrate in terms of Section 173(2) read with Section 173(8) and Section 156(3) of the Code

Having analysed the provisions of the Code and the various judgments as afore-indicated, we would state the following conclusions in regard to the powers of a magistrate in terms of Section 173(2) read with Section 173(8) and Section 156(3) of the Code : 1. The Magistrate has no power to direct ‘reinvestigation’ or ‘fresh investigation’… Read More Powers of a magistrate in terms of Section 173(2) read with Section 173(8) and Section 156(3) of the Code

When a criminal case filed U/S 138 of Negotiable Instruments Act, referred to by Magistrate Court to Lok Adalat is settled by the parties and an award is drawn, can it be considered as a Decree and executable? Yes.

(SUPREME COURT OF INDIA) in K.N. Govindan Kutty Menon Versus C.D. Shaji [(2011) 13 SCALE 232] Section 21 of the Act, which we have extracted above, contemplates a deeming provision, hence, it is a legal fiction that the “award” of the Lok Adalat is a Decree of a civil court. In the case on hand, the question posed… Read More When a criminal case filed U/S 138 of Negotiable Instruments Act, referred to by Magistrate Court to Lok Adalat is settled by the parties and an award is drawn, can it be considered as a Decree and executable? Yes.

Unless the Magistrate is satisfied that there is sufficient ground for proceeding with the complaint or sufficient material to justify the issue of process, he should not pass the order of issue of process.

Supreme Court in the case of K. Sitaram & Anr. v. CFL Capital Financial Service Ltd. & Anr. [Criminal Appeal No.2285 of 2011], it was held that “when a person files a complaint and supports it on oath, rendering himself liable to prosecution and imprisonment if it is false, he is entitled to be believed… Read More Unless the Magistrate is satisfied that there is sufficient ground for proceeding with the complaint or sufficient material to justify the issue of process, he should not pass the order of issue of process.

Magistrate is bound to discharge an accused in summons trial as per section 239 of Cr.P.C if the offence is not disclosed.

Cr.P.C. S.251: It is inherent in Section 251 of the Code that when an accused appears before the trial Court pursuant to summons issued Under Section 204 of the Code in a summons trial case, it is the bounden duty of the trial Court to carefully go through the allegations made in the charge sheet or… Read More Magistrate is bound to discharge an accused in summons trial as per section 239 of Cr.P.C if the offence is not disclosed.