- A Magistrate has power to deal with urgent cases of apprehended danger or nuisance under section 144 Crpc.
- In Gulam Abbas vs. State of UP, it was held that order under section 144 Crpc is amenable to writ jurisdiction in violation of any Fundamental Rights.
- In Madhu Limaye Vs. S D M Monghyr, section 144 Crpc was held to be constitutionally valid.
- Any public notice issued or an order made which prohibits carrying arms in procession or mass drill or mass training with arms shall remain in force for not more than 3 months.
- A District Magistrate may, prohibit a group of militants of certain communal organisation form conducting training if members with arms in public place, for preservation of public peace and safety by public notice or order.
- In Nandi Ram vs. Chandi Ram, it was held that the object of proceedings under section 145 Crpc is to ward off danger of breach of peace and not to determine the title.
- Under section 145 Crpc in connection with a dispute in immovable property, the Executive Magistrate prior to passing his orders as regards to possession over such property takes into consideration a period of 2 months.
- Under section 145 Crpc in disputes as to immovable property, the executive magistrate can decide the question of actual possession.
- A revision can be filed against an order passed by Sub-Divisional Magistrate under section 145(6) Crpc in the court of Sessions Judge.
- Section 147 Crpc deals with disputes concerning right of use of land or water.
- Police shall try to prevent cognizable offences. (Sec 149)
- Power to arrest in order to prevent commission of Cognizable offences is provided under section 151.
- In Lalita kumari vs State of U P, it was held that a police officer is bound to register an FIR upon receiving any information relating to commission of a cognizable offence under section 154 of Crpc.
- FIR (First Information Report) is only a report about the commission of a crime. It in itself is not a substantial piece of evidence.
- In order to qualify to be an FIR, the information need not contain all the possible details of the incident but it must contain as much of details as are sufficient for the police officer to believe that a cognizable offence has been committed and the intention of the informant is to make a request to the police officer to make a case.
- FIR is not a privileged document.
- FIR is not a private document, it’s a public document.
- FIR is not a presumed document.
- A child can lodge an FIR.
- A lunatic can lodge an FIR during his lucid period.
- A case regarding the commission of a cognizable offence is registered under sec 154 of Crpc by the police.
- In the case of Madhu Bala vs. Suresh Kumar, the SC held that whenever a Magistrate directs an investigation on a complaint, the police has to register a cognizable case on that complaint treating the same as the FIR and investigate into the same.
- The foundation of investigation under Crpc is FIR and it shall be signed by the person giving information about the commission of cognizable offence.
