Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Negative final report - Protest petition filed by complainant - Magistrate treated protest petition as complaint and proceeded with matter under Chapter XV Cr.P.C - It was thus, not obligatory on part of Magistrate to give reasons to differ with report of I.O as Magistrate has to rely upon preliminary..........
Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Where Magistrate decided to proceed under Chapter XV Cr.P.C, it is not obligatory on part of Magistrate to give reasons to differ with report of I.O...........
Criminal Procedure Code, 1973, Section 397, 200 -- Order taking cognizance on complaint after enquiry - Revision against order - Held, revision is maintainable as order passed is intermediatory or quasi final order...........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 420, 406, 120B -- Complaint - Issue of process - Opposite party being aware of sale of land and about deaths of rightful owner executed agreement in order to compel petitioner to part with the money - Moreover, agreement was executed by opposite party in order to use the same as..........
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 482 -- False evidence - Quashing of proceedings - Allegations of not paying tax to Municipal Corporation and making false statement u/ss 199, 200 IPC - As per evidence on record, grievances between complainant and accused is due to removal of accused from post of bursar in church and as such..........
Criminal Procedure Code, 1973, Section 200, 202, 173(2) -- Cognizance of offence - Once cognizance of offence in complaint case is taken then fresh cognizance on basis of police report submitted u/s 173(2) Cr.P.C. cannot be taken...........
Criminal Procedure Code, 1973, Section 200, 202 -- Cognizance of offence - After rejection of final report - Once Magistrate has rejected the final report and registered it as complaint case, then it will be taken as Magistrate has taken cognizance in the said matter...........
Criminal Procedure Code, 1973, Section 190, 200 -- Complaint - Issue of process - When person files complaint and supports it on oath, rendering himself liable to prosecution and imprisonment if it is false, he is entitiled to be believed unless there is some apparent reason for disbelieving him and he is entitiled to have person against whom he compants, brought before..........
Criminal Procedure Code, 1973, Section 190, 200 -- Complaint - Issue of process - Only condition requisite for issue of process is that complaint's deposition must show some sufficient ground for proceeding - Unless Magistrate is satisfied that there is sufficient ground for proceeding with issue of process, he should not pass order of issue of process - Where complainant,..........
Constitution of India, 1950, Article 226, 32, Criminal Procedure Code, 1973, Section 154, 156, 190, 200 -- Writ - Mandamus - Non-registration of FIR by police despite furnishing information of commission of cognizable offence - Writ can be declined due to no, availing alternative remedy when cause shown in no, registration of offence u/S.154 of Cr.P.C., despite furnishing..........
