Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Forgery in FIR and alteration in Tehrir - Taking cognizance on the complaint will lead to multiplicity of proceedings when competent Courts are already dealing with the matter - Parties may file appropriate applications before said Courts only and Court may take appropriate action in the..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 302 -- Order taking cognizance - Murder - Negative final report - Protest petition filed - Statement u/s 161 Cr.P.C. discloses allegations against accused - PWs did not deviate from their previous version given to Police - Even if negative final report was filed by police, at this stage Magistrate..........
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..........
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of the Act - Order taking cognizance - Quashing of order - Allegation that petitioner declined to accept invitation of complainant for lunch solely on the ground that she belongs to lower caste - However, said incident was not seen by any person - No material..........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Family members - Quashing of proceedings - Complaint against family members of husband - No specific allegations against applicants regarding cruelty due to demand of dowry or alleged causing of injury or using foul words or any other overt act - Mere casual reference of..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction to prosecute - Allegation of police excess while arresting complainant - Complainant by using dangerous weapon inflicted injury on forehead of journalist - When accused/police officer tried to arrest him he used same weapon for inflicting injuries on accused - Injuries were caused to complainant during..........
Criminal Procedure Code, 1973, Section 482, 190(1)(b), Indian Penal Code, 1860, Section 406, 419, 420, 467, 468, 471 -- Quashing of order taking cognizance - Offence u/ss 406, 419, 420, 467, 468, 471 IPC - Initially applicant no.1 charge sheeted u/s 406 IPC, however, in respect of other three applicants negative report was submitted by police - Prosecution and informant..........
Criminal Procedure Code, 1973, Section 193, Drugs and Cosmetics Act, 1940, Section 36AB -- Cognizance of offence - Offence under Drugs and Cosmetics Act - There is no provision that designated Court i.e. Court of Session can take cognizance of offence under Drugs and Cosmetics Act as a Court of original jurisdiction without case being committed to it by concerned..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Where public servant was not holding same office on account of his transfer on relevant date when charge sheet was submitted and cognizance of offence was taken, and abused entirely different office than one which he was holding on date on which..........
Criminal Procedure Code, 1973, Section 190, 202, 204 -- Cognizance of offence - Postponement of issuance of process - Non-conduct of inquiry or direction to conduct investigation by Magistrate though accused residing beyond area of his jurisdiction - Order taking cognizance not sustainable...........