Showing : 1-10 of 40 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 190, 202-- Cognizance of offence - Police submitted final report in negative form - Magistrate at the stage of taking cognizance of offence, having taken police report into consideration and preliminary evidence led by complainant, has to apply his mind and is not bound to state reasons as to why he is..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202(1)-- Object of investigation u/s 202(1) Cr.P.C. - Not to initiate a fresh case on police report but to assist Magistrate in completing proceedings already instituted upon complaint before him...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202(1)-- Issuance of process - Where Magistrate issued process relying upon contents of compliant without considering police report, it is necessary for Magistrate to state reasons for disagreeing with investigation report filed by police and was further investigation by team of officers from economic..........
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..........
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: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Issue of process - Scope of enquiry u/s 202 Cr.P.C. - In the course of investigation in pursuance of a direction u/s 202 Cr.P.C., police Officer is not entitled to arrest an accused as the only authority of Police is to give report to Magistrate to enable him to decide whether there is sufficient..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3), 202-- Scope - Power u/s 156(3) Cr.P.C. can be invoked by Magistrate before taking cognizance and same is in the nature of pre-emptory reminder or intimation to police to exercise its plenary power of investigation beginning u/s 156 Cr.P.C. and ending with report or charge sheet u/s 173 Cr.P.C. - On the..........
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..........
KERALA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 156(3), 200, 202, Indian Penal Code, 1860, Section 376, 406-- Complaint - Offence u/ss 376 & 406 IPC - Magistrate may either apply his mind for purpose of proceeding u/s 200 Cr.P.C. or order investigation u/s 156(3) Cr.P.C. - If for any reason complainant wants herself to be examined by a lady doctor then Magistrate can order her examination to be done by..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 200, 202, 204, 155(2), 482-- Private complaint - Sent to police for enquiry - Inquiry report submitted by police - If Magistrate is to proceed against accused then it is statutory requirement for Magistrate to record statements of complainant and his witnesses by virtue of Ss.200 and 202 Cr.P.C. before issuing process - In..........

Showing : 1-10 of 40 Results