Showing : 1-10 of 29 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 244-- Complaint case - Charge framed without recording pre-charge evidence and charge framed placing reliance solely on the pre-summoning evidence - Charge framed not sustainable and accordingly set aside - Matter remitted to Metropolitan Magistrate and shall be commenced from stage of recording of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 156(3)-- Direction for registration of FIR - Magistrate can also assess on receipt of complaint as to whether, he, while conducting an inquiry, at the pre-summoning stage will be able to collect material available on record especially in cases which are based on documentary evidence such as cheating,..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3), 190-- Taking cognizance and ordering pre summoning evidence instead of issuing direction to police to register FIR - Order upheld as nature of evidence required to be led to substantiate such accusations does not require any police investigation...........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34-- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty does not require any investigation..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - S.319 Cr.P.C. empowering Court to take appropriate steps for proceeding against any person, not being an accused, at any time after charge sheet is filed and before pronouncement of judgment, except during stage of Ss.207/208 Cr.P.C., the committal etc., which is..........
DELHI HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319-- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Additional accused can be summoned on the basis of pre-summoning evidence...........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 403, 406, 420, 120B-- Summons to produce documents - Offence u/ss 403, 406, 420, 120-B IPC - Case is at the pre-charge stage - Application u/s 91 Cr.P.C filed and heard in casual manner, as no list of witnesses was furnished and no summons have been issued for the purpose of summoning the documents for proving a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 311-- Summoning of a witness - S.311 Cr.P.C. gives wide powers to Court to summon a witness or re-examine a witness who already been examined - Word "any" used in the S.311 Cr.P.C. as a pre-fix would also include a person who is not cited as a witness...........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 167-- Sanction for prosecution - Offence u/s 167 IPC - False inquiry report knowingly prepared by public servants - Respondents are government servant, who conducted inquiry into allegations made by petitioner - Offence u/ss 166 & 167 IPC has a direct nexus with commission of criminal misconduct on part..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Evidence by affidavit filed at pre-summoning stage - Issue of postponing process in view of amendment to S.202 Cr.P.C. does not arise as provisions of N.I. Act override provisions u/ss 200 & 202 Cr.P.C...........

Showing : 1-10 of 29 Results