Criminal Procedure Code, 1973, Section 173(2), 156(3) -- Final report - Finding of allegations in private complaint false - Held, it is not incumbent upon IO or Officer laying final closure report to file a complaint against de facto complainant for giving false evidence and misusing their official position as public servants...........
Criminal Procedure Code, 1973, Section 195 -- Cases covered by bar of S.195 of the Code - There is no scope for filing a private complaint...........
Criminal Procedure Code, 1973, Section 244, 245, 246 -- Framing of charge - Procedure to be followed - Held, while framing charges on a Police report which is confined to material collected during the course of investigation, if Court finds that there is ground for presuming that accused has committed offence, it can frame charge - If he finds that no case against accused..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(1) -- Double jeopardy - Private complaint and charge sheet filed by police discloses same incidents - Held, two proceedings cannot be initiated against accused for same offence - Respondent is attempting to abuse process of law by initiating two criminal proceedings against petitioners -..........
Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 324, 504, 506 -- Private complaint - Conviction - Sentence - Enhancement sought by complainant by filing appeal - Lower appellate Court has entertained and decided the same - Held, lower appellate Court has exceeded its jurisdiction - After 2009 appeal for enhancement of sentence could have been..........
Indian Penal Code, 1860, Section 448, 323, 354, 34, 147, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman and causing hurt - Complaint case - Quashing of - No reasonable explanation as to why complaint was instituted after six days from the date of occurrence - Though a vague averment is made that the matter was reported to police but no FIR was..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 323 -- Criminal proceedings instituted with mala fide intention - Quashing of - Held, where a criminal proceeding is manifestly attended with mala fides and/or where proceeding is maliciously instituted with an..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Private complaint - Order taking cognizance and issuing process in complaint filed u/s.138 of the Act on basis of examination of complainant on affidavit in terms of S.145 (1) of the Act - Legality - Held, no illegality in impugned order taking..........
Criminal Procedure Code, 1973, Section 190, 200 -- Private complaint - Cognizance of offence - Procedure to be followed - Whenever a private complaint is received by a Magistrate, he is placed under obligation to record the sworn statement of the complainant - Whatever may be the extent of application of mind to the facts of the case, recording of statement is treated..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Petitioner/accused is a lady - Private complaint filed against her is for an offence u/s 138 of NI Act - Case is pending before Magistrate Fast Track Court specifically constituted for speedy disposal of cases u/s 138 of NI Act - No valid..........
