Showing : 1-10 of 1930 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 173(2), (8), 156, 210-- Further investigation - When a protest petition seeking further and proper investigation is pending at the instance of complainant, propriety demands that I.O must refrain from submitting final report till Magistrate issues direction on pending petition/complaint filed by complainant - Alternative..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 256-- Non-appearance of complainant - Order of acquittal of accused - Complainant remained absent on many dates - Matter was listed on 14 occasions before trial Court - Complainant was absent on 5 occasions, which is quite a large number almost 36% in 14 dates - Only excuse given by complainant is that..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190, 173-- Cognizance of offence - Rejection of final report - Magistrate while dealing with final report in a criminal case is not competent to take into consideration extraneous material at the time of taking cognizance straightaway on protest petition without following procedure prescribed under Chapter..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 145-- Proceedings u/s 145 Cr.P.C are subservient to adjudication by civil Court - If civil suit is pending, Executive Magistrate normally should not initiate proceedings u/s 145 Cr.P.C and relegate parties to file an application before civil Court in a pending suit particularly when in civil suit such..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 451-- Release of seized vehicle - Offence u/ss 324, 326, 308, 34 IPC - Petitioner is owner of car - There can be no objection to release of vehicle to his interim custody - However, it is not proper for this Court to pass any orders releasing vehicle to interim custody of petitioner without verifying..........
KERALA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A(1), Criminal Procedure Code, 1973, Section 451-- Release of seized vehicle - Vehicle involved in NDPS case - Special Act providing procedure for dealing in specified goods - Special statute has to be followed by Magistrate - Magistrate does not have jurisdiction to entertain a petition u/s 451 of Cr.P.C. in the light of special provision made..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 20, Criminal Procedure Code, 1973, Section 125-- Maintenance - Declined u/s 20 of Act of 2005 - Magistrate cannot grant maintenance u/s 125 Cr.P.C. which was not pending before him as proceedings under the two Acts are independent proceedings - Grant of maintenance is without jurisdiction and wholly unjustified and unsustainable - Impugned order..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 156-- Investigation - Scope - It is for the Magistrate exercising power u/s 156 Cr.P.C. to see whether investigation is properly conducted or not - Investigating agency can approach the Magistrate for assistance or specific orders when there is something beyond the scope of investigating agency for..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 376B-- Order taking cognizance of offence - Rape - Trial Court passed a detailed reasoned order considering each and every aspect of matter - Cognizance of offence taken by Magistrate after he was satisfied that prima facie case is made out and summoned the applicants in exercise of power u/s 190(1)(b)..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482-- Cheating - Quashing of summoning order - Fraud and deception in delivery of property by fraudulent acts - Magistrate passed summoning order after appreciating facts and evidence brought on record - High Court in exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to appreciate factual..........

Showing : 1-10 of 1930 Results