Showing : 1-10 of 100 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 200, 203-- Second complaint on same allegations - Not barred when in first complaint there was no conviction, acquittal or discharge - If dismissal of complaint was not on merit, but on default of complainant, second complaint on same facts is maintainable - But if dismissal of complaint u/s 203 of the Code..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 200, 203-- Second complaint on same allegations - Mentioning of reasons for withdrawal of an earlier complaint is not a condition precedent for maintaining a second complaint...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 397, 398-- Revision - Revisionary power is exercised either by Sessions Court or by High Court - Dismissal of complaint by Magistrate u/s 203 Cr.P.C. may be assailed in a criminal revision u/s 397 Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 203, 482-- Dismissal of complaint u/s 203 Cr.P.C on merits - Second complaint on the same facts by same complainant not maintainable, particularly when order in first complaint was never challenged and attained finality...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 203-- Dishonour of cheque - Complaint against Manager, Secretary and member of Society - Issuance of process - Complaint against Manager not made out - Complaint against him be dismissed instead of discharging him...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 203-- Dismissal of compliant - S.203 Cr.P.C. consists of two parts: (i) First part lays down the materials which Magistrate must consider; and (ii) second part states that if after considering those materials, there is no sufficient ground for proceeding, Magistrate may dismiss the complaint...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 203-- Dismissal of compliant - While exercising power u/s 203 Cr.P.C., it is incumbent to reflect in the order, basis for arriving at the conclusion that there are no sufficient grounds to proceed with complaint case...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 203-- Dismissal of first compliant - Second complaint on the same facts - Maintainability - First complaint not dismissed on merits but due to non examination of witnesses - Second complaint filed and initial statement and statements of witnesses recorded u/s 202 Cr.P.C., Magistrate prima facie found..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d)-- Complaint - Dismissal against some of the accused - After dismissal of complaint u/s 203 Cr.P.C. Court cannot revert back to pre-cognizance stage to invoke power u/s 156(3) Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d)-- Complaint - Dismissal against some of the accused - When Court exercises power u/s 203 Cr.P.C. there is the end of the matter - In such case, Court cannot revert back to pre-cognizance stage as against the remaining accused...........

Showing : 1-10 of 100 Results