Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Summoning of accused - Magistrate can summon accused on the basis of statements of a witness recorded u/ss 161, 164 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of provision of S.52-A of NDPS Act - Samples drawn in the presence of mediators, but not in the presence of Magistrate - There is thus, non-compliance of provision of S.52-A of NDPS Act - Moreover, accused is in judicial..........
Criminal Procedure Code, 1973, Section 317 -- Splitting of trials - Presence of some of the accused could not be procured - Order splitting of trial quashed as Magistrate was not satisfied that police have made sufficient efforts to procure the presence of all the accused and secondly further investigation of case has already been ordered...........
Criminal Procedure Code, 1973, Section 482, Wakf Act, 1995, Section 52A -- Quashing of proceedings - Offence u/s 52-A of Waqf Act - Court can take cognizance of offence u/s 52-A IPC only on complaint - Complaint does not include a police report - Order taking cognizance by Magistrate based on police report is bad in law and thus, quashed...........
Criminal Procedure Code, 1973, Section 156(3) -- FIR - Preliminary inquiry before registration of FIR - If application u/s 156(3) Cr.P.C does not discloses cognizable offence per se, but it is indicative of commission of some cognizable offences, Magistrate has discretion to direct a preliminary inquiry before directing registration of FIR...........
Criminal Procedure Code, 1973, Section 209, 321 -- Offence exclusively triable by Court of Session - Once it appears to Magistrate that offence is exclusively triable by Court of Session, then other than for considering matters relating to bail and remand as provided u/s 209 (a) to (d) Cr.P.C., Magistrate has no implicit power to entertain any other matter, including an..........
Criminal Procedure Code, 1973, Section 156(3) -- Word "may" occurring in S.156(3) Cr.P.C is of utmost significance - It gives Magistrate a discretionary power to order or not for an investigation into the cognizable offence disclosed in the application...........
Criminal Procedure Code, 1973, Section 2(d) -- Complaint - Petition filed before Executive Magistrate is not a complaint as defined u/s 2(d) Cr.P.C...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - District Magistrate or Sub-divisional Magistrate or any Executive Magistrate u/s 133 Cr.P.C cannot take action based on any `complaint', as S.133 Cr.P.C clearly states that action taken is based on a `report' of a police officer or other `information'...........
Criminal Procedure Code, 1973, Section 133, 256 -- Proceedings u/s 133 Cr.P.C - Invocation of Power u/s 256(1) Cr.P.C - Executive Magistrate or Sub Divisional Magistrate or District Magistrate cannot invoke S.256 Cr.P.C in a proceedings u/ss 133 to 138 of Cr.P.C...........
