Showing : 101-110 of 326 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 200-- Investigation by police - Report to Magistrate - Cognizance of case - Held, at stage of taking cognizance or refusing to take cognizance, only prima facie case has to be seen by Court - Court will not enter into correctness of allegation levelled in FIR - However a complaint case requires an..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Examination on oath of witnesses - Magistrate not duty bound to examine upon oath complainant and his witnesses while issuing process...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application filed u/s 156(3) - Magistrate treated application as complaint and complainant asked to bring his evidence u/s 200 Cr.P.C. - Challenge thereto - Held, no illegality in procedure adopted by Magistrate - In case petitioner feels necessity of getting enquiry conducted by police,..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 2(h), Constitution of India, 1950, Article 226-- Investigation - IO exercising power of investigation mala fide or not investigating at all - High Court under Article 226 of the Constitution has power to issue appropriate direction - Even in such a case, High Court cannot direct police as to how the investigation is to be conducted but can..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 173(2), (8), 200, 202, 210, 465(2)-- Stay of criminal proceedings - When the matter was pending under enquiry before Magistrate, investigating officer has submitted application and Magistrate has stayed the enquiry and waited for investigating officer to file report and when after investigation, a charge-sheet has been filed by..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, 204-- Dishonour of cheque - Duty of Magistrate - Held, it is mandatory duty of Magistrate to examine complainant on oath and his witnesses, if any present, at the time of taking cognizance and issuing process to accused, even in cases relating to commission of offence u/s 138 of NI Act...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 200, 399, 401(2), Indian Penal Code, 1860, Section 323, 506-- Complaint u/ss 323, 506 - Dismissed by trial Court - Summoning order passed by Sessions Judge in revision without affording an opportunity of hearing to accused - An order prejudicial to the interest of accused, without giving an opportunity of hearing, cannot be passed in revision - Impugned..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202, Indian Penal Code, 1860, Section 376, 506-- Police filed final report - Protest petition also filed - Magistrate has four options : (1) He may agreeing with the conclusions arrived at by the police, accept the report and drop the proceedings - But before so doing, he shall give an opportunity of hearing to the complainant ; or (2) He may..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202-- Police filed final report - Protest petition also filed - Magistrate took cognizance neither on the basis of material available in the case diary nor protest petition treated as complaint - Cognizance taken on the basis of affidavits of complainant or the witnesses - Order cannot be sustained -..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 200, 202, 397-- Summoning order - Revision against - Summoning order is not an interlocutory order - Revision against summoning order is maintainable...........

Showing : 101-110 of 326 Results