Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate to order further investigation u/s 173(8) Cr.P.C is not taken away only because cognizance has already been taken of an offence...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Original complaint filed u/s 156(3) Cr.P.C was considered to be complaint by Magistrate and after disapproving final report proceeded to issue process after considering statements recorded u/ss 200, 202 Cr.PC - There is thus, sufficient ground to proceed u/s 204 Cr.P.C - No illegality in order of summoning..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Non furnishing list of witnesses - Issuance of process - Provision of S.204(2) Cr.P.C. is mandatory but this by itself does not vitiate the issue of process or jurisdiction of Court - Moreover, S.145 of N.I. Act which is pari materia to S.254(2) Cr.P.C..........
Criminal Procedure Code, 1973, Section 117 -- Order to give security - Magistrate while ordering security u/s 117 Cr.P.C has to take into consideration status and position of person to decide quantum of security bond and cannot alter purpose of provisions from preventive to punitive by imposing heavy quantum of security/bond, which a person might be unable to pay - Demand..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in offence u/ss 307, 341, 506, 34 IPC - Magistrate or Court has power to dispose of application for releasing vehicles to RC owners by imposing certain conditions - Rejection of application for releasing the vehicle thus, not proper - Application allowed...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate is required to apply its mind as to whether sufficient ground for proceeding exists in the case or not - Formation of such an opinion is required to be stated in the order itself - Order though need not contain detailed reasons but order is liable to be set aside if no reasons are given therein..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process must be preceded by an application of judicial mind to material before Court to determine if there is ground for proceedings against accused - When allegations made in complaint are found to be too vague and general without giving any material particulars of the offence alleged against accused then order of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Stage of case is for recording of plea - Presence of complainant is not necessary and recording plea is by Court - Magistrate ought not to have dismissed complaint for non-appearance of complainant - Amount of cheque is..........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Magistrate has power to enforce an order of maintenance by issuing a warrant to the Collector to recover the same as arrears of land revenue...........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Recovery - Magistrate can either issue a warrant for the levy of amount by attachment and sale of movables of defaulter or to issue a warrant to the Collector, authorizing him to realise the amount as arrears of land revenue - Magistrate can issue both kind of warrants simultaneously also...........
