Showing : 21-30 of 528 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 477A-- Cognizance of offence - Issuance of summons - Cheating - Illegal transfer of huge money - Case based on police report - Police filed second supplementary charge sheet and along with it, number of materials like statement of witnesses, Bank statement of accused and his company and other materials..........
KERALA HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14-- Cognizance of offence - Magistrate had no jurisdiction to take cognizance of offence under SC/ST Act in view of amendment Act 2015 - Only Special Court established u/s 14(1) of the Act shall have power to directly take cognizance under the SC/ST Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 156(3)-- Direction for registration of FIR - Magistrate is having absolute discretion under provisions of law either to send application to police u/s 156 Cr.P.C or himself take cognizance after taking into facts and circumstance of case into account - Impugned order of Magistrate refusing application u/s..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - For quashing proceedings, meticulous analysis of factum of taking cognizance of an offence by Magistrate is not called for - Appreciation of evidence is also not permissible in exercise of inherent powers - If allegations set out in complaint do not constitute offence of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 190, 202-- Cognizance of offence - Police submitted final report in negative form - Magistrate at the stage of taking cognizance of offence, having taken police report into consideration and preliminary evidence led by complainant, has to apply his mind and is not bound to state reasons as to why he is..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - After submission of supplementary charge sheet - Powers of trial Court after cognizance against a particular offender not available against same offender, but if supplementary charge sheet is submitted and another offender is included in array of accused, then looking into..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - After submission of charge sheet by police - Power of Magistrate - Magistrate has ample power to direct further investigation after submission of charge sheet by police even when cognizance has been taken on charge sheet...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - S.173(8) Cr.P.C. can be pressed into service only at the instance of investigating agency but not at the option of the complainant or accused - Magistrate has no suo motu power to order further investigation at the post cognizance stage...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
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...........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of order - Order taking cognizance of offence - Petitioners contended that since summoning order was not passed, therefore, there cannot be a direction to petitioners to appear before CJM concerned - However, Magistrate after satisfying itself not passed summoning order on the pretext..........

Showing : 21-30 of 528 Results