Showing : 81-90 of 326 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process - Duty of Court - Held, at the stage of issue of process it is not duty of Court to find out as to whether accused would be ultimately convicted or acquitted - Object of S.204 CrPC is to consider whether there are sufficient grounds for proceeding against accused persons -..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Complaint - Complainant's statement-i, chief - Held, it could be on affidavit although it is open to call him for cross-examination in exercise of power u/sub-s.(2) of S.145 of NI Act...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 392, 427, 506, 323-- Dismissal of complaint - Validity - Court below has not discussed evidence to show that there is no sufficient ground for proceeding against accused person - Statement of complainant u/s 200 Cr.P.C. and statement of witnesses u/s.202 Cr.P.C. are unrebutted - There is no cross examination by Court..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 156(3)-- Dismissal of application u/s 156(3) Cr.P.C. - Remedy lies in filing a criminal complaint u/s 200 Cr.P.C. and not by filing a writ petition or a petition u/s 482 Cr.P.C...........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 156(3)-- Dismissal of application u/s 156(3) Cr.P.C. after getting the facts verified from the concerned police station - Plea that Magistrate could not have rejected the complaint without affording an opportunity to the complainant for producing his witnesses besides his own examination - Contention is..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482, 200-- Medical negligence - Death - Quashing of complaint - There is no specific, clear, precise or pointed allegation made against petitioner No.3 doctor showing that he had failed to give necessary treatment as a medicine specialist to "S" following her gynaecological surgery - Held, rashness or..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482, 200-- Medical negligence - Quashing of complaint - Allegation of complainant that patient was kept without supply of oxygen for about 15 minutes when she was being shifted from observation room to ambulance - Complainant has also alleged that petitioner No.1 hospital did not have materials, even..........
PATNA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 154, 156(3), 36, 200, 482-- FIR - Non-registration by police - Remedy lies u/ss 36 & 154(3) before police officers concerned - If that is of no avail, then u/s 156(3) before Magistrate or by filing criminal complaint u/s 200 Cr.P.C. - Writ petition is not an appropriate remedy...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 204-- Summoning order - Exercise of power - Held, summoning order is not such a ordinary or common order which could be passed mechanically - Before taking cognizance in a given case and proceeding to pass summoning order, it is incumbent upon Magistrate concerned to see entire allegations made in..........
DELHI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 200, Prevention of Money Laundering Act, 2003, Section 45(1)(as- - Money Laundering - Complaint - Non-recording of pre-summoning evidence - Effect - Complainant was a public servant duly competent to file complaint u/s 45(1) of the Act - Held, there was no legal requirement to record pre-summoning evidence...........

Showing : 81-90 of 326 Results