Showing : 21-30 of 119 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 397-- Private complaint - Revisional Court directing Magistrate to take cognizance of offence - Such direction is in the nature of putting impediment in judicial discretion exercised by Magistrate - Order held, not proper - Matter remitted back to Magistrate to make further inquiry into complaint and..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Public servant - Investigation - Private complaint - Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C., without a valid sanction...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Private complaint - Direction for Investigation - Offence u/ss 420, 468, 447, 474, 466, 166, 120-B, 34 IPC - Allegation that accused passed the orders for regularization of constructions made by Trust on alleged open spaces in housing colony in violation of rules and regulations - Complaint was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 323, 324, 452, 504, 506, 34-- Private complaint - Offence u/ss 323, 324, 506, 34 IPC - Quashing of complaint - Investigation report u/s 202 Cr.P.C. shows that presence of accused and witnesses of complainant was not proved - Even the place of occurrence was found to be shop of accused and not the house of complainant -..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 244, 247-- Private complaint - Pre charge evidence - Accused has valuable right to cross examine witness of complainant at the stage of pre charge evidence - Trial Court as well as Sessions Court committed grave error by not permitting accused to produce document on record and not allowing him to ask..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 372, 378(4)-- Appeal against acquittal - Remedy available to victim : (i) The `complainant' in a complaint-case who is also a `victim' and the `victim' other than a `complainant' in such case, shall have remedy of appeal against acquittal u/s 378(4) only, except where he/she succeeds in establishing the guilt..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3)-- Sanction for prosecution - In the absence of prior sanction, Magistrate is not empowered to forward a private complaint to police for investigation u/s 156(3) Cr.P.C. against public servant when allegations are in relation to offences alleged to have been committed by them during course of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 210-- FIR and private complaint in same offence - Once investigation is complete and cancellation report is filed then Magistrate cannot call for a report from police when police had already closed the chapter...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 190(1)(c), 210-- FIR and private complaint in same offence - Cancellation report submitted by police after investigation - There is no obligation on Magistrate to accept the cancellation report if he does not agree with the opinion formed by police and still he has jurisdiction to take cognizance u/s 190(1)(c)..........

Showing : 21-30 of 119 Results