Search Results for "section 156(3) CrPC"

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Search Results for "section 156(3) CrPC"

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High Court

Bombay High Court Dismisses Application to Quash Order Refusing FIR Registration in Environmental Violation Case — Section 19 of Environment (Protection) Act, 1986 Bars Private Complaints Without Government Sanction. The court held that Section 19 does not bar police from registering an FIR, but the applicant's complaint lacked specific allegations of violation of the Act or rules.

22 Oct 2019

The applicant, Pratap Lal Teli, filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash an order pass...

High Court

High Court of Bombay at Aurangabad Dismisses Application Under Section 482 CrPC Challenging Magistrate's Refusal to Order Police Investigation Under Section 156(3) CrPC — Magistrate's Discretion to Treat Application as Complaint Upheld as Legal and Proper.

25 Apr 2019

The applicant, Nikhil s/o Dhondiram Katke, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging a...

High Court

Bombay High Court Quashes Investigation Order Against Chief Secretary in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act. Court held that no court can take cognizance of an offence under the Act without prior sanction for prosecution of a public servant, and the order under Section 156(3) CrPC directing investigation was invalid as it effectively bypassed the mandatory sanction requirement.

22 Apr 2019

The applicant, UPS Madan, who was the Additional Chief Secretary (Finance) and later Chief Secretary of Maharashtra, filed an application under Sectio...

High Court

Bombay High Court Dismisses Revision Against District Judge for Condoning Delay in Civil Appeal — Judicial Order Not Criminal Misconduct Under Prevention of Corruption Act. The court held that a judicial order condoning delay, even if erroneous, cannot be treated as criminal misconduct under Section 13(1)(d)(iii) of the Prevention of Corruption Act, 1988, and the remedy lies in challenging the order through appropriate legal remedies.

24 Jul 2013

The petitioner, Subhash Sadashiv Risbud, appearing in person, filed a criminal revision application before the Bombay High Court challenging an order ...

High Court

Bombay High Court Quashes FIR Against Police Officer in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Court Held That Acts Alleged Were in Discharge of Official Duty, Making Sanction Mandatory Before Investigation.

2 Jul 2013

The State of Maharashtra filed a criminal application before the Bombay High Court, Nagpur Bench, challenging an order passed by the Judicial Magistra...

High Court

Bombay High Court Quashes Section 156(3) CrPC Order for Police Investigation in Cheating and Forgery Case — Magistrate Must Apply Judicial Mind Before Ordering Investigation. The court set aside the order as it was passed mechanically without recording satisfaction that the complaint disclosed a cognizable offence under Section 156(3) CrPC.

2 Jul 2013

The applicants, including Pinni Co-operative Housing Society and others, challenged an order dated 22.6.2010 passed by the Additional Chief Judicial M...

High Court

Bombay High Court Allows Petitioner's Challenge to Magistrate's Order Directing Verification Under Section 200 CrPC After Order Under Section 156(3) CrPC. Pre-Cognizance Investigation Order Under Section 156(3) CrPC Precludes Post-Cognizance Verification Under Section 200 CrPC as Stages Are Mutually Exclusive.

25 Feb 2013

The petitioner, Amish Jayant Dharod, filed a criminal writ petition challenging an order of the learned Additional Metropolitan Magistrate, 2nd Court,...

High Court

Bombay High Court Allows Petition for Reimbursement of Expenses Incurred by Complainant in Criminal Case — State Directed to Pay Amount Spent on Private Advocate Due to Failure to Provide Government Pleader.

22 Nov 2012

The petitioner, Gangadhar Vithobaji Kayande Patil, filed a criminal complaint in the Court of Judicial Magistrate First Class, seeking direction to re...

High Court

Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Allegations of Breach of Contract Do Not Constitute Criminal Offence Under Sections 406, 420 IPC. The court held that where the dispute is purely civil, criminal proceedings cannot be allowed to continue as an abuse of process of court.

18 Sep 2012

The applicants, Jitendra Kantilal Shah and another, were accused in MECR No.3 of 2011 registered pursuant to an order under Section 156(3) CrPC passed...

High Court

Bombay High Court Directs Police to Investigate Cheating Case Despite Magistrate's Order Under Section 156(3) CrPC — Failure to Register FIR and Investigate Amounts to Dereliction of Duty

4 May 2005

The petitioner, Hirsingh T. Rao, filed a writ petition before the Bombay High Court challenging the reluctance of the police authorities to investigat...

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