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Head Note

Criminal Laws  - Interpretation of Statute

Maxim 'expressio unius est exclusion alterious' - This means that express mention of one thing excludes others - It has been called a valuable servant but a dangerous master - Scope of the maxim - Case law discussed.

The Code of Criminal Procedure, 1973  - Section 154

Held that while prompt registration of FIR is mandatory, checks and balances on power of police are equally important - Power of arrest or of investigation is not mechanical - It requires application of mind in the manner provided - Existence of power and its exercise are different - Delicate balance had to be maintained between the interest of society and liberty of an individual - Commercial offences have been put in the category of cases where FIR may not be warranted without enquiry.

The Code of Criminal Procedure, 1973  - Section 156 (3) , Section 202

Direction under Section 156(3) is to be issued, only after application of mind by the Magistrate - When the Magistrate does not take cognizance and does not find it necessary to postpone instance of process and finds a case made out to proceed forthwith, direction under the said provision is issued - Category of cases falling under Para 120.6 in Lalita Kumari (supra) may fall under Section 202 - Subject to these broad guidelines available from the scheme of the Code, exercise of discretion by the Magistrate is guided by interest of justice from case to case.

The Code of Criminal Procedure, 1973  - Section 156 (3) , Section 202

Case has been held to be primarily of civil nature - Accused is alleged to have forged partnership - Magistrate has not found clear material to proceed against the accused - Even a case for summoning has not yet been found - Held that the Magistrate and the High Court rightly passed order.

The Code of Criminal Procedure, 1973  - Section 202

Power of Police to Arrest - In the course of investigation under Section 202 with a view to give its report to the Magistrate to enable him to decide whether a case to proceed further existed power of arrest is not available with the police - Contention based on language of Section 202(3) cannot be accepted.

Topic(s)-Criminal Procedure - Order of investigation by magistrate

Important Decision(s)- Commercial offences have been put in the category of cases where FIR may not be warranted without enquiry.