Showing : 11-20 of 29 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 31, 362-- Accused convicted in the same trial for different offences under IPC - No order that sentence shall run concurrently - Appeal against dismissed - Revision also dismissed by High Court - Prayer not made in appellate Court and in Revision for making sentence awarded to run concurrently - Petition..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 204-- Order issuing process - Recalling thereof - Held, there is no power to Magistrate to recall order issuing process - In short, Magistrate cannot review its own order once process is issued...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 190-- Recall of process - Magistrate has no jurisdiction to recall his order issuing process in the absence of any power of review or inherent power which did not inhere in the subordinate Criminal Courts, but was available to the High Court u/s 482 Cr.P.C...........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173(8)-- Final report - Acceptance of - Further investigation - Held, even after final report is laid before Magistrate and is accepted, it is permissible for investigating agency to carry out further investigation - In other words, there is no bar against conducting further investigation u/s 173(8)..........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 169, 170, 362-- Discharge of accused - Re-opening of case - Superintendent of Police replaced investigating officer by other police officer to investigate the case - New investigating officer on taking over investigation sought for addition of some more offences to be charged against petitioner - New..........
PATNA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 107-- Order passed by Magistrate - Correction thereof - Permissibility of - Held, it is not open to Magistrate to correct illegal/erroneous order - It would amount to review of earlier order impermissible in law...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Practice and Procedure-- Criminal Jurisprudence - Order of Magistrate - Review thereof - Held, Magistrate has no jurisdiction and powers under the Code of Criminal Procedure to review his earlier orders passed rightly or wrongly - Criminal jurisprudence prohibits interference of any order which may have been even passed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204-- Recall of summoning order - Summoning order recalled - Magistrate had jurisdiction to recall the summoning order in view of K.M.Mathew's case - Subsequently Supreme Court in Adalat Prasad case held that Court which passed the order of summoning had no jurisdiction to recall the same as there is no..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - Accused summoned - Magistrate cannot review its own order - Issuance of notice averred in complaint - Notice whether sent as required by law or not is a matter of evidence to be considered at appropriate stage - By impugned order Court has decided the issue itself and has held..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 204, 482-- Summoning order - Magistrate cannot review his order on an application by summoned accused - However, summoned accused can approach High Court to quash the proceedings - High Court can quash the proceedings in case it comes to the conclusion that continuation of proceedings is an abuse of the..........

Showing : 11-20 of 29 Results