Showing : 61-70 of 330 Results

KARNATAKA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 202-- Offence u/s 202 IPC - To prosecute a person u/s 202 IPC, it is necessary for prosecution to show from the record accompanying the charge-sheet that : (i) petitioner had knowledge or reason to believe that some offence had been committed; (ii) petitioner had intentionally omitted to give..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 176, 177, 201, 202-- Offence u/ss 176, 177, 201, 202 IPC - Quashing of charge-sheet - Petitioner furnished information to police which was within his knowledge - No evidence on record that petitioner intentionally omitted to inform the police or gave any false information in order to cause any evidence to disappear..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Issuance of process - Magistrate not bound to set into criminal law in motion simply because petitioner has made the statement and has produced her evidence - Still Magistrate was required to apply his judicial mind to facts of case and material available on record...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 323, 324, 452, 504, 506, 34-- Private complaint - Offence u/ss 323, 324, 506, 34 IPC - Quashing of complaint - Investigation report u/s 202 Cr.P.C. shows that presence of accused and witnesses of complainant was not proved - Even the place of occurrence was found to be shop of accused and not the house of complainant -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Issuance of process - Where Magistrate recorded the statement of complainant and his/her witnesses, he is not precluded to seek investigation report u/s 202(1) Cr.P.C. in order to arrive at the decision for purpose of summoning of accused or otherwise...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Issuance of process - Investigation report u/s 202(1) Cr.P.C. alone cannot be made a basis for disposal of complaint - Object of said investigation is to enable the Magistrate to scrutinize carefully the allegations made in complaint - Inquiry/investigation u/s 202 Cr.P.C., thus, not a..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204-- Complaint - Issue of process - Application of mind - In the instant case summoning order passed by stating "Perused the complaint and the statements recorded...." - Held, there is no indication on the application of mind by Magistrate in taking cognizance and issuing process - Contention that..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204-- Complaint - Issue of process - Magistrate while issuing process against accused has to apply his mind to the facts and statements and satisfy that there is ground for proceeding further against accused - Though no formal or speaking or reasoned order is required at the stage of Ss.190 & 204..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 143, 144, 145, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Summoning of accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Held, Magistrate can issue process to accused residing outside jurisdiction of Magistrate without holding an enquiry u/s 202 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Postponement of issue of process is mandatory u/s 202 Cr.P.C. if accused resides beyond Magistrate's jurisdiction and discretionary in other cases in which event an inquiry can be conducted by Magistrate or investigation can be directed to be made by a police officer or such other..........

Showing : 61-70 of 330 Results