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

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?

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.

Amrutbhai Shambhubhai Patel Vs. Sumanbhai Kantibhai Patel & Ors.[SC 2017 FEB]

Keywords: FURTHER INVESTIGATION Having regard to the scheme of Sections 154, 157 and 173 in particular of the Cr.P.C and the pattern of consequences to follow in the two contingencies referred to herein above, this Court propounded that in case the Magistrate is not inclined to take cognizance of the offence and issue process, the… Read More Amrutbhai Shambhubhai Patel Vs. Sumanbhai Kantibhai Patel & Ors.[SC 2017 FEB]

Breach of peace in connection with Immovable Property and Power of Executive Magistrate

Keywords:-dispute concerning land or water-appoint  of receiver-local inquiry Provisions under Cr.P.C [Sec 145 to 148] 145. Procedure where dispute concerning land or water is likely to cause breach of peace (1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach… Read More Breach of peace in connection with Immovable Property and Power of Executive Magistrate