Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dharam Chand Jain (Inspector General of Police)     03 June 2010

PC on orders u/s 156 (3) Cr PC in P C Act cases

In P. Sirajuddin vs. State of Madras, apex court held that on complaints under the Prevention of Corruption Act cases against a public servant, registration of FIR should preced by a preliminary enquiry. Following the principles laid down by apex court in this ruling, is it legally valid for investigating agency to register a Preliminary Enquiry on orders u/s 156(3) Cr PC for registration of a FIR under P C Act cases from the court of Special Judge under the PC Act?

D C Jain, IG, ACB, Jaipur



Learning

 7 Replies

Dharam Chand Jain (Inspector General of Police)     03 June 2010

Please read "PE" in place of "PC" in the topic for my question.

D. C. Jain

SANJEEV KUMAR (STUDENT)     03 June 2010

Res Jain Ji

Sec. 156(3) CrPC is most used/misused section. Before proceeding on the application u/s 156(3) the magistrate is to satisfy himself to proceed the case or not. This can be done by him himself or through police or registering FIR. I do not know the cases in Rajasthan but Hon'ble  Allahabad High court has decided the powers of magistrate u/s 156(3). Since I have seen the misuse of this section so i have some collection of cases which may be helpful to you in arriving at conclusion .

Pls do tell me whether my collection helped or not.

sanjeev


Attached File : 42 42 156 3 .zip downloaded: 453 times

Dharam Chand Jain (Inspector General of Police)     04 June 2010

Thanks a lot Sanjeev for the trouble you took to answer my query and attaching useful judgments. My query however still remains unanswered. It basically relates to order of magistrate/special court u/s 156 (3) crpc  on cases relating to the prevention of corruption act cases. Is it legally valid to register a PE on such order instead of FIR?

D. C. Jain

SANJEEV KUMAR (STUDENT)     05 June 2010

Sir,

Pls find enclosed the attachments/judgement  which I hope will serve your both queries

sanjeev

SANJEEV KUMAR (STUDENT)     05 June 2010

Sir,

Pls find enclosed the attachments/judgement  which I hope will serve your both queries

sanjeev


Attached File : 34 34 judgements.doc downloaded: 234 times

SHAMSHER singh brar (ADVOCATE)     16 June 2010

can majistrate order preliminary investigation under section 156(3) c.r.p.c even if the documents and evidence clearly shows occurence of cognizable offence such as m.l.r -x-ray report and doctor opinion.

valentine (Advocate)     23 June 2010

Any criminal case envisages final judgement based on the offence having been proved beyond doubt. The phrase beyond doubt here is very important and hence the court is right in calling all the documentary evidence or conducting PE/PI. Litigants must not forget the court has some discretionary powers.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register