Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Cannot be used as a tool to get possession of land on basis of title...........
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 order as may be necessary can be..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Breach of contractual obligation normally do not give rise to criminal offence - Civil dispute between parties is sought to be converted into a criminal case - FIR and all subsequent proceedings qua petitioners quashed...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil suit - S.10 CPC does not prohibit Court to proceed in civil proceedings even if some criminal proceedings are launched by parties concerned...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - At the evidence stage - Plea of defence that complainant trying to fill up lacunae - Not tenable as concept of filling of lacuna is not available against prosecution at the stage of evidence - Concept of lacunae in the case of prosecution is a post evidence concept - Moreover, it is available at the stage..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Requisite criteria for Courts to exercise its discretion u/s 311 Cr.P.C. is whether evidence/documents sought to be brought on record are essential for just decision of the case or not...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326 -- Anticipatory bail - Offence u/s 326 IPC - Victim suffered fracture on left hand as a result of beating using a firewood piece - Offence would come within ambit of grievous hurt as per S.320 IPC which is punishable u/s 325 IPC and not serious non-bailable offence u/s 326 IPC - More so,..........
Criminal Procedure Code, 1973, Section 156(3) -- Provision of S.156(3) Cr.P.C. primarily comes into operation only when SHO and SP fail to register an FIR, despite allegations prima facie disclosing commission of a cognizable offence or Judicial Magistrate, not being satisfied with the investigation, explicitly directs further investigation. (Para 6(d). (ii) Criminal..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Magistrate who on receipt of a complaint, orders an investigation u/s 156(3) and receives a police report u/s 173 (1), may, thereafter, do one of the three things : (1) he may decide that there is no sufficient ground for proceeding further and drop action : (2) he may take cognizance of the..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Court, having jurisdiction, takes cognizance of an offence, when it neither dismisses the complaint nor refers it for further investigation, and instead notices that allegations in the complaint, prima facie point towards commission of an offence, and on such awareness consciously proceeds further, leading to..........
