Showing : 4291-4300 of 14725 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Scope - Direction by Magistrate for police investigation is to be issued only after application of mind by Magistrate - When Magistrate does not take cognizance and does not find it necessary to postpone issuance of process and finds a case is made out to proceed forthwith, direction u/s 156(3)..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Issue of process - Scope of enquiry u/s 202 Cr.P.C. - In the course of investigation in pursuance of a direction u/s 202 Cr.P.C., police Officer is not entitled to arrest an accused as the only authority of Police is to give report to Magistrate to enable him to decide whether there is sufficient..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3), 202-- Scope - Power u/s 156(3) Cr.P.C. can be invoked by Magistrate before taking cognizance and same is in the nature of pre-emptory reminder or intimation to police to exercise its plenary power of investigation beginning u/s 156 Cr.P.C. and ending with report or charge sheet u/s 173 Cr.P.C. - On the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B-- Issue of process - Offence u/ss 409, 420, 467, 471 & 120-B IPC - Magistrate instead of directing investigation u/s 156(3) Cr.P.C, proceeded u/s 202 Cr.P.C. - Accused alleged to have forged partnership - Case has been held to be primarily of civil nature - Whether it caused any loss to complainant..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - S.319 Cr.P.C. authorizes Court making any inquiry into or conducting trial of an offence to proceed against any person (other than accused) subject to two conditions: (i) that from the `evidence' it appears to Court that such a person `has committed any offence' and (ii) that..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132- - Additional accused - Self incrimination - Prosecution cannot be launched against the maker of a statement falling within the sweep of S.132 of Evidence Act on the basis of "answer" given by a person while deposing as a "witness" before a Court...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132- - Summoning of additional accused - Witness deposed in his statement u/s 164 Cr.P.C. that at the initial stage he was a party to conspiracy but later on withdrew from conspiracy - Such a witness not be summoned as accused u/s 319 Cr.P.C. as no prosecution can be launched against maker of a..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 482-- Offence u/s 498-A, 34 IPC - Quashing of proceedings - FIR against husband and his parents - Allegation that wife was harassed for dowry which amounted to cruelty - Reading of complaint, it cannot be held that even if allegations are taken as proved no case is made out - Question relating to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Postponement of issue of process is mandatory u/s 202 Cr.P.C. if accused resides beyond Magistrate's jurisdiction and discretionary in other cases in which event an inquiry can be conducted by Magistrate or investigation can be directed to be made by a police officer or such other..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - If allegations are absurd or do not make out any case or if it can be held that there is abuse of process of law, the proceedings can be quashed but if there is a triable case Court does not go into reliability or otherwise of the version or the counter version - In..........

Showing : 4291-4300 of 14725 Results