- Zahira Habibullah Sheikh vs State of Gujarat case is related to defective investigation.
- In Priyadarshini Mattoo case the prosecution witness was prosecuted for perjury.
- When 2 FIRs relating to the same offence have been lodged, it can be investigated by the same investigation agency.
- Under section 154(3) Crpc, any person aggrieved by refusal on the part of officer in charge of police station to record the information in cognizable offence may send the information in writing and by post to Superintendent of Police.
- In Sakha Rao vs State, it was held that an FIR may be lodged by way of telephone also.
- If in an FIR, 1st information is about a cognizable offence and the other is non cognizable offence then the whole case shall be deemed to be Cognizable.
- Under section 154 no period is prescribed as to what should be the duration of investigation.
- Irregularity under section 156(2) means a case where the PO investigated the case which his area Magistrate was not competent to try.
- Irregularity under section 156(2) is a per se curable Irregularity.
- In A R Antulay vs R S Nayak, the SC held that once order of investigation is made by Magistrate under section 156(3), he can’t interfere into investigation even if PO is malafidely conducting the investigation. Order of fair investigation can be made under section 482 by the High Court.
- In Sakiri Vasu vs State of UP, it was held that in case of unfair investigation the Magistrate may make an order of fair investigation by exercising its ancillary powers.
- In Dharmesh bhai Vasudev bhai vs State of Gujarat, it was held that a Magistrate cannot pass an order to quash the FIR as it would amount to withdrawal of its earlier order.
- The distinction between a police investigation ordered under section 156(3) and the one directed under section 202, Crpc was laid down by SC in Devarapalli Lakshminarayana Reddy vs N Narayana Reddy.
- A complaint becomes a FIR when it is sent to police for investigation under sec 156(3) of Crpc.
- A police officer, without an order from a Magistrate and without a warrant can’t arrest a person who is suspected of committing a non-cognizable offence.
- In non-cognizable case, the investigation starts after obtaining orders from concerned Magistrate.
- When the information given to a PO is regarding commission of a non-Cognizable offence then the PO will reduce that information into NCR.(section 155)
- Permission to investigate into a non-cognizable offence can be granted by a magistrate having jurisdiction to try the case. (Sec 155(2))
- If the PO refuses to record the info in NCR diary then the complainant can file an application before the magistrate under section 155(2).
- Order to investigate as passed by magistrate under section 155(2) is a pre- cognizance order.
- If the PO investigated a non-cognizable case without the permission of the area magistrate then it will amount to an incurable irregularity which will vitiate the whole proceeding. Such irregularity is to be dealt with as per section 465 and it will be seen whether there is failure of justice or not.
