Showing : 41-50 of 227 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court ought not to have forwarded complaint to police for..........
PATNA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197(2), 197(3)-- Sanction for prosecution - State Government notification making 197(2) applicable to `officers and men' of Bihar Police Force - Sanction for prosecution thus, condition precedent to initiate proceedings against officers-i, charge of Government Rail Police Station - Complaint that occurrence had..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Power of Magistrate - When complaint is received by Magistrate u/s 190(1)(a) Cr.P.C., Magistrate is empowered to resort to procedure laid down in Ss.200 or 202 Cr.P.C. and then take cognizance - However, if police report is filed which states that no offence is made out,..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482-- Cruelty - Allegation against distinct relatives of husband of complainant - Omnibus allegations of demanding money and assault have been levelled against all persons named in complaint - No specific date and time has been given to said incident in the complaint - Only allegation against..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 195-- If document was forged or fabricated before it was produced in Court, complaint by that Court is not necessary and cognizance can be taken for such offence u/s 190 Cr.P.C. - Police is empowered to undertake investigation about genuineness of such document - Therefore, Court cannot refuse to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Condonation of delay and enquiry u/s 202 Cr.P.C. - Magistrate condoned delay without application of mind to the issue of delay nor delay condoned before issuance of summons - Non application of mind as to whether enquiry u/s 202 Cr.P.C. is required - Order taking cognizance..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Complaint u/s 307 IPC - Magistrate can take cognizance of an offence and not offenders - Power of magistrate not restricted to summon only those accused who are arrayed in charge sheet - Magistrate can summon even those persons whose names have been deleted from charge..........
MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 397-- Private complaint - Revisional Court directing Magistrate to take cognizance of offence - Such direction is in the nature of putting impediment in judicial discretion exercised by Magistrate - Order held, not proper - Matter remitted back to Magistrate to make further inquiry into complaint and..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 468-- Limitation - Complaint u/s 323 IPC - For the purposes of computing the period of limitation u/s 468 Cr.P.C., relevant date is to be determined with reference to date of incident and date of filing of complaint and not the date on which Magistrate takes cognizance - Since complaint filed on..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 200-- Amendment of complaint - Proposed amendment not a formal amendment but a substantial one - Magistrate allowed amendment - Order upheld on the grounds viz. (1) Magistrate was yet to apply his judicial mind to contents of complaint and had not taken cognizance of matter; (2) since summons was yet to..........

Showing : 41-50 of 227 Results