Showing : 1-10 of 30 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 397, 200-- Order taking cognizance on complaint after enquiry - Revision against order - Held, revision is maintainable as order passed is intermediatory or quasi final order...........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, 397-- Sanction for prosecution - Cannot be gone into by Court in a Revision - Said issue requires examination by Court below before taking cognizance - Court can examine whole materials, and see whether sanction is required to prosecute petitioners and others - Order passed by Court below taking..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, 401, 319-- Revision - Dismissal of application u/s 319 Cr.P.C.- Revisional Court while remanding the matter back to trial Court exceeded its jurisdiction by issuing directions to trial Court to take cognizance against petitioners - As a matter of fact, if revisional Court found the order of trial Court..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 211, 397, 401-- Charge - Points raised in revision not raised in trial Court - Plea regarding illegality in taking cognizance on the basis of charge sheet filed by police taken for the first time in revision - Petitioner to raise the issue before trial Court and trial Court to pass an appropriate order thereupon...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 468-- Order taking cognizance - Bar of limitation - Order specifically mentioned that delay in lodging FIR has been explained - Moreover, offence u/s 3(1)(x) of SC/ST Act, punishable with imprisonment for a term not less than 6 months but which may extend to 5 years and with fine, thus provisions of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Order taking cognizance - Revision against - Dismissal - Second judicial review by High Court in exercise of inherent powers - Revisional Court did not commit any illegally or irregularity in exercise of its jurisdiction - Impugned order is just order which has not resulted in miscarriage of..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence on charge sheet - Application of mind by Magistrate - No set pattern for taking cognizance - Magistrate while taking cognizance is to apply his mind regarding prima facie case being made out unlike the clear cut observation that is to be taken in the proceedings u/s 111..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Order of Magistrate refusing to take cognizance - Order is revisable - Power of revision can be exercised by Superior Court, which can be Session Court itself, either on revision petition that can be filed by aggrieved party or even suo moto by revisional Court itself - Court of Session was thus..........
MADHYA PRADESH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Order taking cognizance - Quashing - Petition u/s 482 Cr.P.C. is maintainable even when remedy provided for filing criminal revision is not availed...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 190, 200-- Cognizance of offence u/ss 304(Part II) read with S.149 IPC taken at the instance of Addl. Sessions Judge - Held, Addl. Sessions Judge should not have indicated the provisions under which the offence was to be considered - Rather he should have remanded the matter back to the Court below for..........

Showing : 1-10 of 30 Results