Showing : 41-50 of 300 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202(2)-- Inquiry u/s 202 Cr.P.C. - In case complainant's evidence on oath itself is sufficient, Magistrate will not re-examine him on oath again following mandate of S.202 Cr.P.C. - Though word `shall' is used in the provision but that does not mean that Magistrate is bound to examine and conduct an..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202-- Inquiry u/s 202 Cr.P.C. is mandatory, where accused is residing at a place beyond the area in which Magistrate exercises his jurisdiction - However, said mandate does not mean that Magistrate is bound to examine and conduct an inquiry where facts of the case do not warrant any inquiry...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 202-- Issuance of process - Where accused is residing at a place beyond the area in which Magistrate exercises his jurisdiction, it is mandatory on the part of Magistrate to conduct an enquiry or investigation before issuing process, so that false complaints are filtered and rejected...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 202-- Accused residing beyond jurisdiction of Magistrate - Enquiry u/s 202 Cr.P.C. - Law settled in Vijay Dhaunka's case reiterated : In the inquiry envisaged u/s 202 of the Code, the witnesses are examined whereas u/s 200 of the Code, examination of complainant only is necessary with the option of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 302-- Order taking cognizance - Murder - Negative final report - Protest petition filed - Statement u/s 161 Cr.P.C. discloses allegations against accused - PWs did not deviate from their previous version given to Police - Even if negative final report was filed by police, at this stage Magistrate was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Once Court concludes that continuation of prosecution against petitioners is an abuse of process of law, there is no need to delve into the questions of jurisdiction or to recourse to provisions of S.202 Cr.P.C...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190, 202, 204-- Cognizance of offence - Postponement of issuance of process - Non-conduct of inquiry or direction to conduct investigation by Magistrate though accused residing beyond area of his jurisdiction - Order taking cognizance not sustainable...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 202-- Private complaint - Enquiry u/s 202 Cr.P.C. - Where accused resides beyond the area over which a concerned Magistrate exercises its jurisdiction, enquiry u/s 202 Cr.P.C. would be necessary and significant before issuing process...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Power of Magistrate - When complaint is received by Magistrate u/s 190(1)(a) Cr.P.C., Magistrate is empowered to resort to procedure laid down in Ss.200 or 202 Cr.P.C. and then take cognizance - However, if police report is filed which states that no offence is made out,..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Condonation of delay and enquiry u/s 202 Cr.P.C. - Magistrate condoned delay without application of mind to the issue of delay nor delay condoned before issuance of summons - Non application of mind as to whether enquiry u/s 202 Cr.P.C. is required - Order taking cognizance..........

Showing : 41-50 of 300 Results