Criminal Procedure Code, 1973, Ss.482, 397 — Quashing of proceedings - Availability of revisional remedy u/s 397 Cr.P.C. does not create an absolute bar to exercise of jurisdiction u/s 482 Cr.P.C. where interference is necessary to prevent abuse of process and to secure the ends of...
Criminal Procedure Code, 1973, Ss.156(3), 200, 202 — Direction for investigation - When a complaint is presented, Magistrate may either direct investigation u/s 156(3) Cr.P.C. or proceed u/ss 200, 202 Cr.P.C. - An order u/s 156(3) Cr.P.C. is a pre-emptory reminder to police to investigate u/s 156(1) Cr.P.C. - Directing investigation at this...
Criminal Procedure Code, 1973, Ss.156(3), 200, 202 — Direction for investigation - Magistrate, while deciding an application u/s 156(3) Cr.P.C. must apply judicial mind to see whether allegations disclose a cognizable offence - He is not to adjudge sufficiency of grounds or embark upon merits - Discretion to...
Criminal Procedure Code, 1973, Ss.156(3), 200, 202 — Direction for investigation - Cyber-related offences — Allegations of creating fictitious e-mail identities on official servers, forging corporate communications and inducing job aspirants to pay money disclosed cognizable offences and warranted police investigation u/s 156(3) Cr.P.C. rather than relegation...
Criminal Procedure Code, 1973, Ss.156(3), 200, 202 — Direction for investigation — Where effective adjudication requires seizure and preservation of server data, retrieval of electronic records, examination of system logs and metadata, tracing IPs, securing banking records, and forensic examination of digital devices, such measures...
Criminal Procedure Code, 1973, Ss.156(3), 200, 202 — Direction for investigation — Treating application as a private complaint merely because some documents were available with complainant overlooks distinction between initial information and legally admissible evidence collectable only through investigation with a police inquiry pending, closing...
Criminal Procedure Code, 1973, Ss.154, 156, 157 — Registration of FIR — Scope of preliminary inquiry — Once information discloses commission of a cognizable offence, registration of FIR is the rule - Any permissible preliminary inquiry is limited to ascertaining whether information reveals a cognizable offence...
Criminal Procedure Code, 1973, Ss.154, 156, 157 — Registration of FIR — Scope of preliminary inquiry - Allegations of impersonation, forgery, cheating and misuse of electronic infrastructure prima facie attracted cognizable offences - Substituting investigation with inquiry and requiring complainant to produce material beyond its possession...
