Showing : 61-70 of 317 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Summoning of accused without examining all the witnesses - Summoning of accused shall not be bad in the eyes of law if Magistrate proceeds to summon accused without examining all witnesses stated in the witness list - It is very much open for Magistrate to proceed to decide on point of summoning..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311, 202-- Examination of witnesses - Inherent power of Court vested in it by virtue of S.311 Cr.P.C. shall always have overriding effect and will operate independently unaffected by discretion of complainant or prosecution to produce the witnesses of their choice u/s 202(2) Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 190(1)(b)-- Cognizance of offence - If there is reason for Magistrate to differs with opinion of police report expunging the case by submitting final report/closer report, he has three options: (1) to order further investigation u/s 156(3) Cr.P.C.; (ii) to accept the police report and drop the proceedings..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Evidence by affidavit filed at pre-summoning stage - Issue of postponing process in view of amendment to S.202 Cr.P.C. does not arise as provisions of N.I. Act override provisions u/ss 200 & 202 Cr.P.C...........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Plea that petitioner resides outside territorial jurisdiction of Magistrate and Magistrate failed to comply with the mandatory provision of S.202 Cr.P.C. at the time of issuance of process - Matter is at the stage of cross-examination of complainant whose affidavit has..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 202, 156(3)-- Complaint - Cognizance - Power u/s 202 Cr.P.C. once invoked by Court then it is not within jurisdiction of Court to revert back to the provision of S.156(3) Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 156(3), 202(1)-- Private complaint - Accused residing beyond territorial jurisdiction - Magistrate is not bound to conduct an inquiry in terms of S.202 Cr.P.C. in case he is opting to send the complaint for investigation u/s 156(3) Cr.P.C. to the concerned Police Station...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Dying declaration - 100% burn injuries - Doctor who recorded dying declaration admitted that he withheld the said dying declaration with him till his evidence was recorded u/s 202 Cr.P.C and he did not inform to the authorities prior to that - Doctor has not given any certificate that at..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 202(1)-- Enquiry - Accused living beyond jurisdiction of Magistrate - Held, enquiry or investigation is mandatory before issuance of summons...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 202-- Enquiry - Accused living beyond jurisdiction of Magistrate - Magistrate has examined complainant on solemn affirmation and two witnesses and only thereafter he had directed for issuance of process - Held, no error in order issuing summons...........

Showing : 61-70 of 317 Results