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For non-cognizable offences the Magistrate empowered to take cognizance under section 190 CrPC. Under section 156(3) CrPC the Magistrate is competent to direct the police to register the case, investigate the same and submit the challan/report for cancellation. (2003 P.Cr.L.J.1282) Ingredients of Section 154
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On 2 March 2012, Govt of India filed a review petition in Supreme Court seeking partial review of the court's 2 February 2012 order which had quashed 122 licenses. [5] The Govt questioned Supreme Court's authority over ruling against the first-come first-served policy but stayed away from challenging the cancellation of 122 licences issued during the tenure of A Raja as Telecom Minister. [6]
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Section 3(2) contains four subsections with offences) Two derived offences (sections 3(2)(vi) and 3(2)(vii)). The derived offences only come into the picture when another offence under the Act has been committed. One subsection (Section 3(2)(v)) increases the punishment for certain offences under the Indian Penal Code (IPC).
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Section 144 is a section of the Code of Criminal Procedure, which prohibits assembly of five or more people, holding of public meetings, and carrying of firearms and can be invoked for up to two months. [4] [5] [6] It also gives the magistracy the power to issue order absolute at once in urgent cases of nuisance or apprehended danger. [7]