- In Keshav Lal vs State of Bihar, it was investigation of a non-cognizable case without magisterial order will be an irregularity and the accused may raise an objection and the proceeding quashed by High court under section 482 Crpc.
- Under section 465 of Crpc there is a powder to quash the whole proceeding if there is an irregularity and because of that irregularity there is a consequent failure of justice.
- If an FIR is lodged and after investigation the police report filed says that it was a non-cognizable case then sec 2(d) explanation says that this police report will be considered as a complaint and its cognizance will be taken under section 190(1)(a).
- The police report of a cognizable case and non-cognizable case will be filed under section 173(2) Crpc.
- On receipt of FIR for commission of an offence the officer in charge of the police station will send the copy to concern Magistrate under section 157 Crpc.
- The information received by police officer must not be mere cryptic information; this is, where the only intention of the informant is to inform the police officer of the occurrence of an offence and not of his taking any action on it.
- Occurrence Report is a copy of FIR along with an endorsement by the Investigating officer that he is investigating the case of not. (section 157)
- Upon receiving a negative occurrence report the magistrate may order a preliminary inquiry under section 159 to check if there is a need for investigation in the case or not.
- Order passed under sec 159 for preliminary inquiry is a Suo Moto order.
- If no occurrence report is filed by the PO, then no order under section 159 can be made rather order under section 156(3) will have to be passed for investigation.
- Occurrence report can also be filed by the Superintendent of Police under section 158, Crpc.
- An inquest report must contain the apparent cause of death.
- The power of a PO to require attendance of a woman witness in a cognizable offence extends to not calling that woman to police station, but going personally to the place where such woman resides. (Sec 160)
- In Kamal Nath vs State of Tamil Nadu, it was held that under section 160, Crpc a woman witness may be called to give information of commission of a crime at other place than her residence also if it is necessary in the interest of justice and prior permission from Magistrate has to be taken in this regard.
- In State of UP vs Satish, it was held that Delay in examining witnesses by investigating officer does not ipso facto make prosecution version suspect, investigating officer should be categorically questioned in aspect of delayed examination.
- A person can be summoned as a witness under section 160, Crpc by the police officer investigating the case.
- Under section 160(1) it is provided that a male child below the age of 15 years or a man above the age of 65 years or a woman or a mentally or physically disabled person can’t be called at police station.
- The investigating officer is not bound to reduce in writing any statement made to him in the course of examination under section 161 of Crpc.
- Statements under section 161, Crpc are recorded by police during investigation.
- Statements recorded during investigation under section 161, Crpc can’t be used at a criminal trial except to contradict the witness.
