Rajendra Giri And Others vs Central Bureau Of Investigation C.B.I. on 22 October
compliance of Section 157 Cr.P.C was despatched by him to the Magistrate concerned.
19. A perusal of Section 157 Cr.P.C would ... investigate under Section 156 Cr.P.C., he shall forthwith send a report of the same to the nearest Magistrate. Further, Section 158
forward chargesheet has been conferred upon ACP concerned in
terms of Section 158 Cr.P.C keeping in view his senior position and
also ... serious consequences. In fact, charge-sheet
was filed in terms of Section 173 of Cr.P.C. Even the cognizance
ought not to be taken
158 of the Code of Criminal
Procedure, 1973 (hereinafter called the Cr.P.C .) and all other
subsequent information would be covered by Section ... station diary by the officer-in-charge under Section
158 of the Code of Criminal Procedure, 1973 and all other subsequent
information would be covered
have exercised such powers under Section 210 , Cr.P.C. or under Clauses 1 and 2 of Section 210 , Cr.P.C. It is clear ... order of the learned Magistrate referring the complaint for Investigation under Section 158(3) , Cr.P.C. is a Judicial Order. He cannot recall
misconceived for the
following reasons.
3. Section 173 of the Code of Criminal Procedure, 1973 (for short
“the CrPC ”) obligates the police investigating ... noticing that under sub-Section (3),
even a superior police officer appointed under Section 158 of the CrPC
could direct the Investigating Officer
Emperor vs Barendra Kumar Ghose on 26 September, 1923
Equivalent citations: 81IND. CAS.353
JUDGMENT
bearing Crime No.158/2016 alleging
offences punishable u/S 406, 420/34 I.P.C. and
subsequently added section 409 I.P.C.
Learned ... this petition u/S 482 Cr.P.C. stands dismissed."
4. Thereafter, the petitioner again filed another petition under
Section 482 of
others have committed the offences punishable under Sections 323, 379 and 506(1) read with Section 34, of I.P.C. and though originally ... case and there was only further investigation as contemplated under Sections 158 and 173(8) Cr.P.C. He also argued that even though originally
application under Section 439 of the
Code of Criminal Procedure, 1973. He is in Jail since 21.5.2022 in connection
with Crime No. 158/2022 registered ... commission of offence punishable under Section 342 , 394 / 34 , 397 , 364 , of
IPC.
As per the prosecution story, on 16.5.2022 complainant Gautam
registered a report