Showing : 21-30 of 1347 Results

ORISSA HIGH COURT
Year of decision: 2019
Details
Protection of Children from Sexual Offences Act, 2012, Section 21(2)-- Offence u/s 21(2) of the Act - Petitioner being Superintendent of hostel of victim after coming to know about commission of offence from victim relating to her rape by accused and her pregnancy on account of such rape, not intimated either to Special Juvenile police Unit or to local police unit -..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 176, 34-- Non-reporting of offence of rape to public servant - Offence of rape which is alleged to have been committed in the case, has not been incorporated in S.39 Cr.P.C - Ingredients of offence u/s 176 IPC thus, not attracted - Moreover, no material on record that petitioner intentionally omitted to..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178-- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted - Since, wife is residing in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354-- Delay in lodging FIR - Offence u/s 354 IPC - FIR lodged after more than four decades as from the date of incident - Admittedly, punishment for committing offence alleged against accused as in the year 1971 was a maximum of 2 years imprisonment - Further, as per S.468 Cr.P.C, no Court shall take..........
PATNA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190, 482-- Cognizance of offence - No charge sheet is submitted against petitioners rather investigation was kept pending against them - Taking cognizance of offence against petitioners by Magistrate in such circumstances is utter violation of S.190 Cr.P.C - Order taking cognizance against petitioners held,..........
PATNA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 323, 504-- Offence u/ss 323, 504 IPC - Allegation that petitioners being officers of complainant chased him hundreds of kilometers when he was traveling to his village along with his son merely for slating and becoming adamant to assault him - Complaint against petitioners appears to be absurd and..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 156(3), 195-- Direction to register FIR - S.195 Cr.P.C has no application to control power of Magistrate to entertain an application u/s 156(3) Cr.P.C and direct police to register a report and thereafter make investigation, as S.195 Cr.P.C will only be attracted when Magistrate proceed to take cognizance u/s..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Once Magistrate takes cognizance and discharges accused, Magistrate has no jurisdiction to suo moto direct I.O for further investigation or direct re-investigation and submit the report - However, I.O is at liberty to apply for further investigation even after forwarding..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - In order to see whether any prima facie case against accused for taking cognizance is made out or not, Court is only required to see the allegations made in the complaint...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Accused can be summoned on the basis of affidavit of complainant - Complainant is not required to be examined on oath for taking cognizance of complaint...........

Showing : 21-30 of 1347 Results