CrPC S. 156(3) - Notes - PLRonline.in

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Satish Kumar Jatav v. The State of U.P , 2022 SCeJ 0599 , 2022 PLRonline 0005 , (2022-2)206 PLR 796 (SC)
FIR – Complaint already filed – Merely because on the same set of facts with the same allegations and averments earlier a complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments
CrPC S. 156(3) – Magistrate was not required to record detailed reasons for passing an order either way
CrPC S. 156(3) – Notes
CrPC S. 156(3) – Court can take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same
CrPC S. 156(3), 482 – High Court should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy,
CBI Inquiry – CrPC S. 156(3)
CrPC S. 156(3) – Even if an FIR has been registered and even if the police has made the investigation, such a person can approach the Magistrate u/s 156(3) Cr.P.C.,
FIR – Registration – Police officer could take further steps contemplated in Chapter XII of the Code only thereafter.
CrPC S. 156(3) – For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR.
CrPC S. 156(3) – Does not affect the power of the investigating officer to further investigate the case even after submission of his report
CrPC S. 156(3) – Power to monitor police investigation
CrPC S. 156(3) – Is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate

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CrPC S. 156(3) – Notes

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Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits – After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Angoori Devi v. Smt. Satya Bhama, 2016 PLRonline 0104

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Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

National Institute of Mental Health & Neuro Sciences v. C. Parameshwara, 2014 PLRonline 0202

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

CrPC S. 156(3) - Court can take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same

CrPC S. 156(3) - Magistrate was not required to record detailed reasons for passing an order either way

CrPC S. 156(3) – Notes

Satish Kumar Jatav v. The State of U.P , 2022 SCeJ 0599 , 2022 PLRonline 0005 , (2022-2)206 PLR 796 (SC)

FIR – Complaint already filed – Merely because on the same set of facts with the same allegations and averments earlier a complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments

CrPC S. 156(3) – Magistrate was not required to record detailed reasons for passing an order either way

CrPC S. 156(3) – Notes

CrPC S. 156(3) – Court can take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same

CrPC S. 156(3), 482 – High Court should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy,

CBI Inquiry – CrPC S. 156(3)

CrPC S. 156(3) – Even if an FIR has been registered and even if the police has made the investigation, such a person can approach the Magistrate u/s 156(3) Cr.P.C.,

FIR – Registration – Police officer could take further steps contemplated in Chapter XII of the Code only thereafter.

CrPC S. 156(3) – For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR.

CrPC S. 156(3) – Does not affect the power of the investigating officer to further investigate the case even after submission of his report

CrPC S. 156(3) – Power to monitor police investigation

CrPC S. 156(3) – Is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate

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