Constitution of India, 1950, Article 226, 32, Criminal Procedure Code, 1973, Section 154, 156, 190, 200 -- Writ - Mandamus - Even stranger to offence can inform police about commission of any cognizable offence - Failure of police to perform statutory duty can certainly accrue casue of action to stranger to seek writ of mandamus u/Art.226 of Constitution of India...........
Criminal Procedure Code, 1973, Section 156(3), 200, 482 -- Complaint - Directions for investigation by police cannot be given by Magistrate mechanically - If complainant can prove the facts in complaint without assistance of police then Magistrate may proceed with complaint u/s 200 and examine witnesses to be produced by complainant...........
Representation of the Peoples Act, 1951, Section 125A, Indian Penal Code, 1860, Section 181, 193, 199, 200, 417, 468, Criminal Procedure Code, 1973, Section 468, 469, 482 -- Quashing of complaint - Election petition - Limitation - Accused allegedly furnishing false education qualification information before Returning officer by submitting false affidavit - Affidavit of..........
Criminal Procedure Code, 1973, Section 200 -- Examination of complainant and witnesses - Not an empty formality - Real object behind the same is to ascertain whether the case against accused is supported by prima facie materials or not...........
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 340 -- False evidence - Mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution u/ss 199, 200 IPC - It must be shown that false statement was given intentionally in the judicial proceedings or false..........
Criminal Procedure Code, 1973, Section 200, 91(1) -- Summon to produce case diary - Private complaint - Where the complainant was clamoring that all the allegations raised by him are discernible from Case diary in another case - In such case, by exercising the powers conferred on Magistrate u/s 91(1) Cr.P.C., Court below was perfectly right in calling Case diary because of..........
Criminal Procedure Code, 1973, Section 156(3), 200, Indian Penal Code, 1860, Section 441 -- Complaint - Criminal trespass - Complainant not able to show prima facie possession on the property - Civil dispute given colour of criminal case - Complaint dismissed by holding that prima face case not made out even for conducting examination u/s 200 Cr.P.C. - Order of dismissal..........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Scope of application of mind for invoking power u/s 200 Cr.P.C. and S.156(3) Cr.P.C. are totally different, as degree of application of mind to invoke power u/s 156(3) Cr.P.C. is much lesser than degree of application of mind required to invoke power u/ss 190(1)(a), 200 Cr.P.C...........
Criminal Procedure Code, 1973, Section 190, 200, 460 -- Cognizance of offence - Non examination of complainant - Order taking cognizance set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 202 -- Dishonour of cheque - Provision of S.202 Cr.P.C. is not mandatory in complaints filed u/s 138 of N.I.Act - Non-compliance of the same thus have no effect upon said complaints...........
