Showing : 91-100 of 240 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 202-- Scope - Amendment of the provision shows the intention of legislature to stop the proceedings where the accused is sought to be summoned from far off places and inquiry be made by Magistrate if he chooses not to order investigation...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 202-- Inquiry - Has to be a meaningful inquiry and not just an eye wash - Ordeal of facing criminal trial by an accused from far off places tantamounts punishment as such, a greater duty is cast upon the Court before issuing process...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 202, 482, Indian Penal Code, 1860, Section 379-- Offence u/s 379 IPC - Jurisdiction - While summoning accused Magistrate did not consider the impact of amended provision of S.202 Cr.P.C. which makes it incumbent upon him to make inquiry if the proposed accused persons are not residing within the jurisdiction vested with him - Entire prosecution..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202, Indian Penal Code, 1860, Section 376, 506-- Police filed final report - Protest petition also filed - Magistrate has four options : (1) He may agreeing with the conclusions arrived at by the police, accept the report and drop the proceedings - But before so doing, he shall give an opportunity of hearing to the complainant ; or (2) He may..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202-- Police filed final report - Protest petition also filed - Magistrate took cognizance neither on the basis of material available in the case diary nor protest petition treated as complaint - Cognizance taken on the basis of affidavits of complainant or the witnesses - Order cannot be sustained -..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 202(2)-- Complainant is not bound to examine all the witnesses u/s 202(2) Cr.P.C. - Only those witnesses are required to be examined u/s 202(2) Cr.P.C. which are sufficient to disclose the commission of offence against the accused...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 202-- Issue of process - Accused residing beyond the territorial jurisdiction of Court - Court recorded statement of witnesses of complainant in connection with the inquiry - On being satisfied that prima facie case is made out issued summons - Provision of S.202(i) Cr.P.C. satisfied - Accused has no..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 202, 204, 482, Indian Penal Code, 1860, Section 498A-- Summoning order - Detailed reasons not required to be given - Process can be issued if Court is satisfied that there is sufficient ground for proceeding against the accused...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 200, 202, 397-- Summoning order - Revision against - Summoning order is not an interlocutory order - Revision against summoning order is maintainable...........
DELHI HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 190, 202, 203-- Time barred complaint - Magistrate should satisfy himself on the point of limitation at pre-cognizance stage...........

Showing : 91-100 of 240 Results