refusing to exercise
inherent powers under Section 482 of the Code of Criminal Procedure ( CrPC )
to interfere in an application for quashment ... appropriate case when
moved under Section 491 of the Criminal Procedure Code to give directions
in the nature of habeas corpus. In such a case
take
recourse to the provisions envisaged under Section 154 of the Code
of Criminal Procedure 1973 ( For short "the Code").
2. Learned counsel ... mandamus to compel the police to
perform its statutory duty u/s 154 Cr.P.C can be
denied to the informant /victim
Crl. Appeal No. 410/1994 vide order dated 8th April,
1997.
7. No doubt as held by the Supreme Court Section 154 ... Section
156 Cr.P.C. is qualified by sub-section (1) of Section 156
Cr.P.C. Thus though Section 154 Cr.P.C. does
connected matters Page 17 of 101
respecting a cognizable offence under Section 154 Cr.P.C. or a non-
cognizable offence under Section 155 ... under IPC are
classified variously: cognizance or non-cognizable; bailable or non-
bailable; compoundable or non-compoundable, etc.
28. Under the general procedural law (
complainant who is
respondent no. 2 herein.
Section 154 of the Code of Criminal Procedure, 1973 provides
mandate on officer-in-charge of a police ... passing of that order there was compliance of Section 154 (1)
and 154 (3) of the Cr.P.C. Plenary power of investigation is vested
that on 21.12.2005, Satya Devi (PW7) made a
statement under Section 154 Cr.P.C. (Ex.PW5/A) alleging that
on 19.12.2005, at about ... Devi (PW7) has testified
that when she made her statement under Section 154 Cr.P.C.
and the police conducted spot inspection, she was asked
being a bar;
(c) Question of registration of FIR under Section
154 Cr.P.C. and investigation under Section
156 ... draws the attention of the Court to the
provisions of Section 154 Cr.P.C. as well as Section
relevant provisions of Code of
Criminal Procedure . Under Chapter XII of the Code of
Criminal Procedure , prescribes the procedure-
Information to the Police and their ... said submission
is against the mandatory provisions of Section 154 of
Code of Criminal Procedure and contrary to the Dictums
of this Court
Code of
Criminal Procedure , as the case may be, and
forward his report to the Magistrate concerned
Under Section 173(2) Code of Criminal Procedure ... commission of
a cognizable offence satisfies the requirements of
Section 154 Code of Criminal Procedure. Thus
there can be no second FIR and consequently there
procedural formalities under section 154(1) or 154(3) would
not divest the jurisdiction of the Magistrate under Section 156(3) of ... even in non
compliance of the provisions of Section 154(1) or 154(3) of Cr.P.C. In the
matter in hand, in view
