Showing : 1-10 of 285 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 167(2), 309-- Remand - Power of remand in terms of Ss.167(2) and S.309(2) Cr.P.C can be exercised in following circumstances: (i) accused can be remanded u/s 167(2) Cr.P.C during investigation till cognizance has not been taken by Court; (ii) that even after taking cognizance when an accused is subsequently..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Court takes cognizance of an offence and not an offender - Cognizance can be taken only once and Court is not required to take cognizance against each and every offender...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 155, 156, 157-- Investigation - Police can investigate a no, cognizable offence along with cognizable offence and can file charge sheet even for an offence of which cognizance can be taken by Court only on complaint of an aggrieved person or competent authority...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 198, 2(d)-- Bigamy - Aggrieved person - FIR was filed by uncle of applicant and cognizance is taken on police report submitted by I.O - Neither I.O nor uncle of applicant can be termed as aggrieved person in view of S.198 Cr.P.C - They cannot also be treated as complainant, because no statement as required..........
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, 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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195(1)(b)(i)-- Private complaint u/s 193 IPC - Offence u/s 195(1)(b)(i) Cr.P.C. punishable u/s 193 IPC - Cognizance of offence cannot be taken on the basis of private complaint...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190(1)(b), 482-- Quashing of order taking cognizance - Cognizance taken on basis of protest petition by taking into account affidavits filed along with protest petition - Order cannot be sustained and set aside - Matter remitted for decision afresh...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - For quashing proceedings, meticulous analysis of factum of taking cognizance of an offence by Magistrate is not called for - Appreciation of evidence is also not permissible in exercise of inherent powers - If allegations set out in complaint do not constitute offence of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 190, 202-- Cognizance of offence - Police submitted final report in negative form - Magistrate at the stage of taking cognizance of offence, having taken police report into consideration and preliminary evidence led by complainant, has to apply his mind and is not bound to state reasons as to why he is..........

Showing : 1-10 of 285 Results