Showing : 171-180 of 291 Results

DELHI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 2(h), 468, 470-- Investigation by police - Effect of lapse of time - Petitioner alleged to have committed an offence u/s 379 IPC - After being released on bail, accused absconding inspite of non bailable warrants and proceedings ultimately culminated into the order declaring him proclaimed offender u/ss 82 and 83..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Pre cognizance evidence by way of affidavit - S.200 Cr.P.C. for taking cognizance of case under general criminal law cannot be made applicable to take cognizance of offence u/s 138 of the Act - U/s 145 of the Act evidence of complainant by way of affidavit is receivable in..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3), 195-- Provision of S.195 Cr.P.C. does not come into play at the stage of passing an order for police investigation u/s 156(3) Cr.P.C. - Provision of S.195 Cr.P.C. is attracted only at the stage of taking cognizance of an offence by Magistrate and not at the stage of passing an order u/s 156(3) Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 197(1)-- Police officer - Sanction to prosecute - Stage of - Magistrate had only forwarded complaint to police u/s 156(3) Cr.P.C. - Held, question of taking cognizance of offence will arise only if police after investigation files charge-sheet - Sanction u/s 197 Cr.P.C. if necessary, need be produced only..........
PATNA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B-- Dishonour of cheque - Cognizance - Complainant alleging offence of cheating and dishonour of cheque - On the basis of averments made in the complaint, prima facie Magistrate has not committed any error in taking cognizance u/ss 420, 120-B IPC - However, as regards taking cognizance u/s 138 of NI..........
PATNA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 190-- Order taking cognizance of offence - Allegations that accused General Manager and Deputy General Manager inspsite of telephonic instructions by complainant to management of hotel, did not provide lunch to foreign tourists - Case registered u/s 342, 499, 500, 427 read with S.120-B IPC - Complaint..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482, 155(2), 2(d), Indian Penal Code, 1860, Section 323, 504, 506-- Offence u/ss 323, 504 & 506 IPC - Offence bailable and non cognizable - Police after investigation made report disclosing commission of non cognizable offence - Deemed to be a complaint and police office making such report a complainant - Charge sheet filed by police cannot be treated to be a..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 190(1)(b)-- Cognizance of offence - Power of Magistrate - Magistrate is invested with power to take cognizance upon police report u/s 190(1)(b) - However, S.190(1)(b) of the Code does not bar Magistrate from taking cognizance of offence triable by Sessions Court...........
ORISSA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 341, 294-- Cognizance of offence by Magistrate u/ss 341 and 294 of IPC on a complaint - Alleged occurrence took place on 1.9.2002 - Complaint filed on 10.6.2004 - Period of limitation prescribed u/s 468 (2) Cr.P.C. is period of one year from the date of occurrence - Held, time barred cognizance bad in law -..........
ORISSA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 468-- Cognizance of offence by Magistrate u/ss 341 and 294 of IPC on a complaint - Alleged occurrence took place on 1.9.2002 - Complaint filed on 10.6.2004 - Period of limitation prescribed u/s 468 (2) Cr.P.C. is period of one year from the date of occurrence - Held, time barred cognizance bad in law -..........

Showing : 171-180 of 291 Results