Habeas Corpus petition cannot be invoked as a routine to seek supervision of Missing Person Report Investigation: Rajasthan High Court
“The unlawful detention is the sine qua non for issuance of writ of habeas corpus.”
Section 156(3) CrPC
‘No justifiable cause for levelling scandalous and contemptuous allegations’; Punjab and Haryana HC warns against intemperate remarks, contemptuous language
“Not only has the petitioner failed to indicate how he has been victimized in the matter at hand, he has also made scandalous remarks concerning the integrity of the justice dispensation mechanism.”
SC clarifies prospective nature of direction in 2015’s Priyanka Shrivastava case on Section 156(3) CrPC applications being supported by affidavit
“The judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively”.
Directions for investigation u/s 156(3) CrPC cannot be given mechanically by Magistrate; application of mind necessary: Delhi High Court
“Magistrate is not bound to direct investigation by police even if all allegations made in complaint disclose ingredients of cognizable offence. Each case must be viewed depending upon facts and circumstances involved therein.”
MP HC | It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy HC should not ordinarily interfere
Madhya Pradesh High Court: S.A. Dharmadhikari, J., dismissed the instant petition filed under Articles 226 and 227. The facts of the case
Kar HC | Is it mandatory to file an affidavit for invocation of jurisdiction of Magistrate under S. 156(3) CrPC? Petition allowed partly
Karnataka High Court: John Michael Cunha J., allowed the petition partly stating that Section 156(3) CrPC applications are to be supported by
J&K HC | Magistrate can delegate power of verifying allegations before registration of FIR while entertaining an application under S. 156(3) CrPC; Petition dismissed
Jammu and Kashmir High Court: Sanjay Dhar J., while dismissing the present petition challenging the delegation of power by the Magistrate to
Cal HC | Rejection of complaint under S. 156(3) CrPC by Magistrate without taking cognizance under S. 190(1)(a) is an error in law; correct approach explained
Calcutta High Court: Madhumati Mitra, J., allowed a criminal revision application filed against the order of the Magistrate whereby he had rejected the
All HC | Writ petitions should be selectively entertained especially when the alternative remedy is available
Allahabad High Court: A Division Bench of Pankaj Naqvi and Suresh Kumar Gupta, JJ., while disposing of this petition directed the complainant
Applications under S. 156(3) CrPC are to be supported by an affidavit duly sworn to by applicant invoking jurisdiction of the Magistrate
Karnataka High Court: While passing the order in a criminal petition filed under Section 482 CrPC praying to quash the proceedings in