Showing : 41-50 of 162 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process - At this stage only a prima facie case is to be seen - Detailed reasoned order at the stage of issuance of process is not required...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202, 203, 204-- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order - Remedy lies in invoking S.482 of the Code...........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 203, 204-- Truthfulness or falsity of statement of witnesses at the stage of Ss.203 & 204 Cr.P.C. - Held, at this stage, Magistrate is not required to conduct a roving and fishing inquiry into the facts of the case - It is not his business to examine at this stage whether witnesses are reliable or not and..........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 204, 244, 245(2)-- Discharge - After issuance of process stage for discharge comes after recording evidence u/s 244 Cr.P.C. - Petition filed at pre mature stage - Petition, held, not maintainable - Direction issued to approach Court for discharge after recording evidence u/s 244 Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 203, 204-- Summoning of accused - It is the prima facie case which is to be considered at this stage - Scanning of material and evidence cannot be equated with the scrutiny and appreciation of evidence as required at the final stage - Magistrate is also not required to conduct roving enquiry into the various..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 307, 504-- Summoning of revisionists u/s 307 and 504 IPC after having rejected final report u/s 173(2) submitted by IO - Special Court while taking cognizance of offence and issuing process simply taken into consideration record of cross-case - Legality - Held, it is settled that statements u/s 200 and 202..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190, 204, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471-- Cognizance of offence - Charge sheet filed against accused - Governor refused to grant sanction for prosecution of the accused - In absence of sanction for prosecution, Magistrate has to ignore the police report or reject the same...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 190, 204-- At the stage of S.204 Cr.P.C. Magistrate applies his judicial mind to find out whether prima facie case is made out against the accused - At the stage of cognizance u/s 190 Cr.P.C. Magistrate takes the cognizance of the offence and not of an offender...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204-- Dishonour of Cheque - Criminal complaint - Issuance of summon - Held, at the time of summoning, the Magistrate, prima facie, has to form an opinion that there is sufficient ground for proceeding against (not the evidence to convict the accused), as contemplated u/s 204 Cr.P.C. - Magistrate at..........

Showing : 41-50 of 162 Results