Showing : 1-10 of 12 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, 155, Copyright Act, 1957, Section 63, 63B, 65-- Quashing of FIR - Offence u/ss 63, 63-B, 65 of Copyright Act - Offence not cognizable - Registration of FIR without order of Magistrate having power to try such case or commit the case for trial is violative of S.155(2) Cr.P.C. - FIR quashed...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, 155(2)-- Registration of FIR - On permission granted by Magistrate u/s 155(2) Cr.P.C. for investigation of offence is illegal...........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 155(2)-- Order u/s 155(2) Cr.P.C. can be passed by Magistrate on the motion of complainant himself or at the instance of officer-i, charge of police station - However, Magistrate is to be sure that police officer is not indiscriminately abusing his powers to commence an investigation in a no, cognizable..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 155(2)-- Investigation - District Collector has no power or authority to order an investigation u/s 155(2) Cr.P.C. - Even by exercising powers of an Executive Magistrate, a District Collector cannot order an investigation under the said provision as Executive Magistrate is not a Magistrate having power to..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 155(2)-- Investigation - Non-cognizable offence - Investigation not permissible by a police officer without an order of Magistrate as contemplated u/s 155(2) Cr.P.C. - However, if such investigation, is carried out, it will not be validated even by an order of Magistrate obtained subsequently...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 155, 2(d)-- Doubtful offence - If from the report of complainant, police could not at the initial stage decide whether a cognizable offence or no, cognizable offence was committed and in such dilemma registered case for cognizable offence and then after investigation laid charge-sheet for no, cognizable..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 156(3), 155-- Investigation - Cognizable and no, cognizable offences - Magistrate while either referring the case to police u/s 156(3) Cr.P.C or while ordering investigation into a no, cognizable offence u/s 155(2) Cr.P.C has to show application of mind to the facts of case - It may not be necessary for..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482, 155(2), 2(d), Indian Penal Code, 1860, Section 323, 504, 506-- Offence u/ss 323, 504 & 506 IPC - Offence bailable and non cognizable - Police after investigation made report disclosing commission of non cognizable offence - Deemed to be a complaint and police office making such report a complainant - Charge sheet filed by police cannot be treated to be a..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - It can be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice in the categories of cases viz. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 482-- Inherent jurisdiction - The illustrative categories indicated by this Court are as follows: (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make..........

Showing : 1-10 of 12 Results