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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint or a charge - Court while invoking power u/s 482 Cr.P.C for quashing of complaint or a charge, should not embark upon an enquiry into validity of evidence available - All that Court should see is as to whether there are allegations in complaint which form basis for..........
PATNA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 195(1)(a), 173, Indian Penal Code, 1860, Section 188-- Cognizance of offence on basis of police report - Offence u/s 188 IPC - No complaint ever filed in Court by Public servant concerned - FIR u/s 188 IPC itself was impermissible and cognizance of offence on basis of a police report was barred - Summoning of petitioner after taking cognizance of..........
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..........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 239, Electricity Act, 2003, Section 135, 138, 151-- Discharge - Offence u/ss 135, 138 of Electricity Act - As per S.151 of Electricity Act cognizance can be taken only on the basis of written complaint made by the competent authority - However, said provision was amended by Act of 2007 whereby a proviso was added making cognizance by police as..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together - Complaint..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Offence u/ss 494, 498-A, 506(ii) IPC - Complaint lodged before police discloses offence in question - Police thus, can investigate the matter and file a charge sheet and based on said charge sheet, Magistrate can take cognizance of offences including offence u/s 494 IPC...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 506(i), Criminal Procedure Code, 1973, Section 468-- Cruelty - Criminal intimidation - Allegation that accused demanded to hand over jewellery within a period of three months from date of marriage - As per complaint occurrence said to have been taken place finally on 27.11.2007 - Period of limitation thus, shall be three years as per S.468 Cr.P.C -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Magistrate, at the stage of taking cognizance and summoning is required to apply its judicial mind to find out whether prima facie case has been made out for summoning the accused persons - Magistrate is not required to evaluate merits of material or evidence in support of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190, 482-- Cognizance of offence - Quashing of proceedings - Proceedings can be quashed only in a case where complaint does not disclose any offence or is frivolous, vexatious or oppressive - If allegations set out in complaint does not constitute offence of which cognizance has been taken by Magistrate, it..........

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