Showing : 51-60 of 138 Results

GAUHATI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 210-- Further inquiry/proceedings - Stay - Legality - There is no investigation by police officer with respect to offence in progress in relation to the same offence, which was subject matter of inquiry before Magistrate, after registering the information/complaint as FIR by concerned police officer or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 239, 240-- Charge - Framing of - Held, at the time of framing charge, Court is to frame charges on the basis of documents attached with police report submitted u/s 173 of CrPC and for framing the charges, no material/evidence beyond said documents can be looked into...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 239, 240-- Framing of charge - Duty of Court - Held, Magistrate is competent to frame charge on consideration of documents and other material attached with police report submitted u/s 173 CrPC and finding that a prima facie case has been made out - It is also well settled that at the stage of framing of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190(c), 200-- Police investigated matter - Submitting closure report - Closure report rejected by Magistrate - Magistrate directed police to submit charge-sheet - Validity of - Held, Magistrate while disagreeing with final report/closure report can take cognizance but cannot direct police to submit charge..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190, 202, 203-- Closure report - Procedure to be followed by Magistrate - Held, Magistrate may not agree with police report and direct an enquiry u/s 202 and after such enquiry take action u/s 203 - He is also entitled to take cognizance u/s 190 Cr.P.C. at once if he disagrees with adverse police report but even..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 200-- Investigation by police - Report to Magistrate - Cognizance of case - Held, at stage of taking cognizance or refusing to take cognizance, only prima facie case has to be seen by Court - Court will not enter into correctness of allegation levelled in FIR - However a complaint case requires an..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Magistrate not satisfied with the investigation - Ordered further investigation by the same police authorities about whose investigation he was not satisfied - Contention that further investigation should have been handed over to some other investigating agency - Additional..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 190, 173-- Closure report by police - Magistrate is not bound by the opinion of investigating officer and he is competent to exercise his discretion irrespective of the views expressed by Police in its report and may prima facie find out whether an offence has been made out or not...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 227, 228-- Framing of charge - Procedure to be followed - Held, accused has no right to adduce any evidence or material at the stage of charge nor Court is required to consider any defence evidence - At that stage materials collected during investigation and placed before Court in support of police report..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 173(8), 482, Indian Penal Code, 1860, Section 409-- Further investigation - Exercise of power by High Court - Held, simply because a person has a grievance that his first information report was not lodged or after registration of first information report, proper investigation was not done or even if investigation was done but accused persons were..........

Showing : 51-60 of 138 Results