Showing : 51-60 of 61 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 482-- Kalendra u/s 182 Cr.P.C. - Quashing of - Petitioner lodged FIR for offence under IPC - Police filed cancellation report - Magistrate accepted the same - Petitioner given liberty to file protest complaint - Petitioner filed complaint and after recording of preliminary evidence respondents 2 & 3..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 173, 200, 202-- Protest petition as complaint - Final report filed - Case diary not perused - Protest petition treated as complaint straightway - When protest petition is treated as complaint then Magistrate has to follow the procedure of complaint case - Without following the prescribed procedure for complaint..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 190(1)(b), 156(3), 173-- Police filed final report - Magistrate cannot take cognizance on the basis of protest petition and affidavits filed in support thereof - Magistrate has to adopt the procedure of complaint case under Chapter XV of Cr.P.C. and record the statements of complainant and witnesses - Magistrate took into..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 167, 190(a), 482, Indian Penal Code, 1860, Section 498A, 304B, 201, Dowry Prohibition Act, 1961, Section 3, 4-- Offence u/ss 498-A, 304-B, 201 IPC and Ss.3/4 Dowry Prohibition Act - Police filed final report - Protest petition filed - Protest petition treated as complaint - Statement of complainant recorded u/s 200 Cr.P.C. and statement of witnesses recorded u/s 202 Cr.P.C. - Accused ordered to be summoned..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 167-- Final report - Magistrate has four options viz. (1) to accept the police report; (2) to reject the police report and take the cognizance on the basis of the material adopted by the I.O.; (3) to pass order for further investigation; (4) to treat protest petition as a complaint...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i), 8, Evidence Act, 1872, Section 116-- Claim of rent at excess rate of rent - Tender under protest - Two eviction petitions withdrawn without protest by tenant to proceed further to determine rate of rent - Petition for refund of excess rent paid also not filed - In the third petition tenant is estopped from questing his liability to..........
ALLAHABAD HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 323, 324, 504, 506, 307, 392-- Application u/s 156(3) - FIR registered under orders of Magistrate - Two incised wounds found on head in medical examination - Police recorded statement of complainant during investigation - Final report submitted - Protest petition filed - Magistrate rejected the final report and took cognizance..........
ALLAHABAD HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 173-- Final report - Magistrate is under an obligation to consider and discuss the evidence collected by IO for passing the order on final report - At this stage it has to be seen only that on the basis of the material collected by IO prima facie offence is made out or not and the material collected by..........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 173-- Final report that no offence is committed - Complainant filed protest petition - Final report cannot be accepted without considering as to whether protest petition can be treated as complaint or not...........
JHARKHAND HIGH COURT
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 341, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3-- Cognizance - Accused forcibly took Adivasi girl in a car and tried to commit rape - Final report submitted by Police that case is false - CJM took cognizance on basis of materials in case diary - Prima facie case made out from FIR and there was no absurdity of allegations made in it - It is not..........

Showing : 51-60 of 61 Results