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 or try under the provisions of Chapter XIII

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate
(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.” Continue reading “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 unless there is some apparent reason for disbelieving him; and … Continue reading 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.

Inquiry by Magistrate into cause of death

Under Criminal Procedure Code Section -176. Inquiry by Magistrate into cause of death (1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause … Continue reading Inquiry by Magistrate into cause of death

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 of the peace exists concerning any land or water or … Continue reading Breach of peace in connection with Immovable Property and Power of Executive Magistrate

Handling Public Nuisance in India

Provisions under Cr.P.C [Sec 133 to 143] 133. Conditional order for removal of nuisance (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers.- (a)that any unlawful obstruction or nuisance … Continue reading Handling Public Nuisance in India

Executive Magistrates in India

Under Code of Criminal Procedure -1973 [Ch-2] 20. Executive Magistrates (1) In every district and in every metropolitan area. The State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. (2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such … Continue reading Executive Magistrates in India