Showing : 3641-3650 of 13449 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204-- Complaint - Issue of process - Magistrate while issuing process against accused has to apply his mind to the facts and statements and satisfy that there is ground for proceeding further against accused - Though no formal or speaking or reasoned order is required at the stage of Ss.190 & 204..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 203-- Dismissal of complaint - Speaking order is required to be passed u/s 203 Cr.P.C. when complaint is dismissed and that too reasons need to be stated only briefly...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a)-- Cognizance of offence - If complaint, on the face of it, does not disclose commission of any offence, Magistrate shall not take cognizance u/s 190(1)(a) Cr.P.C. - Complaint is simply to be rejected...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Delay in examination of witnesses by police - Depends upon various factors including preoccupation of I.O with other cases and no, availability of witnesses - Any delay in examination of witnesses during investigation cannot alone be a ground to discredit the witnesses if they are otherwise..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - No particular format for application u/s 156(3) Cr.P.C. is prescribed in law - Such application should contain facts disclosing cognizable offence and further that police has failed to exercise powers u/s 154 Cr.P.C. despite intimation, whereupon Magistrate in..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197(3)-- Public servant - Sanction for prosecution - Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Crime registered against petitioners does not include sections referred to in S.197(1) Explanation Cr.P.C. - Acts performed by petitioners in discharge of their official duty and are reasonably..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 367, 467, 468, 195, 504, 506, 420, 383, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Quashing of FIR - Case registered against petitioners without referring the case for preliminary inquiry, without examining facts of case and nature of allegations and without ascertaining whether information revealed any cognizable offence..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 204-- Recall of summoning order - Order of disposing of an objection against summoning order is an interlocutory order that cannot be reviewed before personal appearance of accused - Moreover, Magistrate has no power to review its own order and recall the summoning order - Application rightly dismissed...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Magistrate forwarded complaint to police for investigation - Magistrate thereafter directed police to add some more offences and directed police to investigate and report - Prerogative of police to investigate kept in tact - There is no impermissible penetration into the domain of investigation -..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Recalling of witness - Power of attorney can adduce evidence on facts relating to issuance of cheque, dishonour, issuance of notice and filing of complaint and these facts can be deposed with documents - However, he cannot depose to whatever has transpired between parties in..........

Showing : 3641-3650 of 13449 Results