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1 - 10 of 27 (0.26 seconds)The Code of Criminal Procedure, 1973
Section 154 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 226 in Constitution of India [Constitution]
Section 190 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 36 in The Code of Criminal Procedure, 1973 [Entire Act]
Sakiri Vasu vs State Of U.P. And Others on 7 December, 2007
In view of the settled position in Sakiri Vasu case,
the impugned judgment of the High Court cannot be
sustained and is hereby set aside. The Magistrate
concerned is directed to ensure proper investigation
into the alleged offence under Section 156(3) CrPC
and if he deems it necessary, he can also recommend
to the SSP/SP concerned a change of the
investigating officer, so that a proper investigation is
done. The Magistrate can also monitor the
investigation, though he cannot himself investigate
(as investigation is the job of the police). Parties may
produce any material they wish before the Magistrate
concerned. The learned Magistrate shall be
uninfluenced by any observation in the impugned
order of the High Court."
State Of Bihar And Anr vs J.A.C. Saldanha And Ors on 13 November, 1979
16. The power in the Magistrate to order further
investigation under Section 156(3) is an independent
power and does not affect the power of the
investigating officer to further investigate the case
even after submission of his report vide Section
173(8). Hence the Magistrate can order reopening of
the investigation even after the police submits the
final report, vide State of Bihar v. J.A.C. Saldanha
(SCC : AIR para 19).
Emperor vs Khwaja Nazir Ahmed on 17 October, 1944
"There is a clear cut and well demarcated sphere of
activity in the field of crime detection and crime
punishment. Investigation of an offence is the field
exclusively reserved for the executive through the
police department, the superintendence over which
vests in the State Government. The executive, which
is charged with a duty to keep vigilance over law
and order situation is obliged to prevent crime and
if an offence is alleged to have been committed it is
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its bounden duty to investigate into the offence and
bring the offender to book. Once it investigates and
finds an offence having been committed it is its duty
to collect evidence for the purpose of proving the
offence. Once that is completed and the
investigating officer submits report to the Court
requesting the Court to take cognizance of the
offence under Section 190 of the Code its duty
comes to an end. On a cognizance of the offence
being taken by the Court the police function of
investigation comes to an end subject to the
provision contained in Section 173(8), there
commences the adjudicatory function of the
judiciary to determine whether an offence has been
committed and if so, whether by the person or
persons charged with the crime by the police in its
report to the Court, and to award adequate
punishment according to law for the offence proved
to the satisfaction of the Court. There is thus a well
defined and well demarcated function in the field of
crime detection and its subsequent adjudication
between the police and the Magistrate. This has
been recognised way back in King Emperor v.
Khwaja Nazir Ahmad [1944] L.R. 71 IA 203.
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Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
6. So far the judgment of the Hon'ble Supreme Court in the
case of Lalita Kumari Vs. State of UP and others, (SC) 2014(1) SCC
(Crl.) 524 is concerned, the said judgment does not hold that the only
efficacious remedy available to the complainant in case the Investigating
Agency does not register an FIR is by way of an appropriate petition
under Section 482 Cr.P.C. Therefore, as has already been mentioned
hereinabove, in case the petitioner is aggrieved by the non-registration
of an FIR, he is at liberty to approach the Illaqa Magistrate of competent
jurisdiction seeking the registration of an FIR on the basis of the
allegations levelled in the applications (Annnexures P-4 to P-7).