Showing : 41-50 of 106 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372, 2(wa)- - Victim or a complainant in a complaint case - Right of appeal against (i) an order acquitting the accused; (ii) convicting the accused of a lesser offence and (iii) imposing inadequate compensation - Law as to - Summed up - (a) The expression "victim" as defined in S.2(wa) includes all categories..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 200, 202, 204, 155(2), 482-- Private complaint - Sent to police for enquiry - Inquiry report submitted by police - If Magistrate is to proceed against accused then it is statutory requirement for Magistrate to record statements of complainant and his witnesses by virtue of Ss.200 and 202 Cr.P.C. before issuing process - In..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 210, 482-- Private complaint - Summoning of accused - Legality - FIR lodged against five persons - Charge sheet filed against one accused - Cognizance taken on charge sheet but case not yet committed - Father of victim filed a complaint in respect of same offence impleading remaining accused - Summoning..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 202-- Private complaint - Object of S.202 Cr.P.C. - Held, it has twin objects - One, to enable Magistrate to scrutinize carefully allegations made in complaint with a view to prevent a person named therein as accused from being called upon to face an unnecessary, frivolous or meritless complaint -..........
KERALA HIGH COURT
Year of decision: 2012
Details
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...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
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..........
MADRAS HIGH COURT
Year of decision: 2012
Details
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 - Impugned..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
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 filed by..........
PATNA HIGH COURT
Year of decision: 2012
Details
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 instituted - Allegations made..........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
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 ulterior motive for wreaking vengeance on accused and with a view to spite him due to private..........

Showing : 41-50 of 106 Results