Showing : 1-10 of 300 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 376B-- Order taking cognizance of offence - Rape - Trial Court passed a detailed reasoned order considering each and every aspect of matter - Cognizance of offence taken by Magistrate after he was satisfied that prima facie case is made out and summoned the applicants in exercise of power u/s 190(1)(b)..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 154, 190-- Three FIRs - Cognizance of offence taken of second FIR - Complainant earlier and later to present FIR on same facts lodged an FIR and matter was compromised in both the FIRs and complainant agreed with negative final report as filed by police - Police also submitted negative final report in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 53(a)- - Quashing of order taking cognizance - Offence u/s 53(a) of the Act - Consumption of liquor has to be happen within State of Bihar as per S.53(a) of the Act - Whether charge that consumption of liquor has taken place within State of Bihar is made out are questions which need to be decided by..........
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..........
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..........
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..........

Showing : 1-10 of 300 Results