Showing : 41-50 of 240 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204-- Complaint - Issue of process - Application of mind - In the instant case summoning order passed by stating "Perused the complaint and the statements recorded...." - Held, there is no indication on the application of mind by Magistrate in taking cognizance and issuing process - Contention that..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204-- Complaint - Issue of process - Magistrate while issuing process against accused has to apply his mind to the facts and statements and satisfy that there is ground for proceeding further against accused - Though no formal or speaking or reasoned order is required at the stage of Ss.190 & 204..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 143, 144, 145, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Summoning of accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Held, Magistrate can issue process to accused residing outside jurisdiction of Magistrate without holding an enquiry u/s 202 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Postponement of issue of process is mandatory u/s 202 Cr.P.C. if accused resides beyond Magistrate's jurisdiction and discretionary in other cases in which event an inquiry can be conducted by Magistrate or investigation can be directed to be made by a police officer or such other..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Issue of process - Scope of enquiry u/s 202 Cr.P.C. - In the course of investigation in pursuance of a direction u/s 202 Cr.P.C., police Officer is not entitled to arrest an accused as the only authority of Police is to give report to Magistrate to enable him to decide whether there is sufficient..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3), 202-- Scope - Power u/s 156(3) Cr.P.C. can be invoked by Magistrate before taking cognizance and same is in the nature of pre-emptory reminder or intimation to police to exercise its plenary power of investigation beginning u/s 156 Cr.P.C. and ending with report or charge sheet u/s 173 Cr.P.C. - On the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B-- Issue of process - Offence u/ss 409, 420, 467, 471 & 120-B IPC - Magistrate instead of directing investigation u/s 156(3) Cr.P.C, proceeded u/s 202 Cr.P.C. - Accused alleged to have forged partnership - Case has been held to be primarily of civil nature - Whether it caused any loss to complainant..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Summoning of accused without examining all the witnesses - Summoning of accused shall not be bad in the eyes of law if Magistrate proceeds to summon accused without examining all witnesses stated in the witness list - It is very much open for Magistrate to proceed to decide on point of summoning..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311, 202-- Examination of witnesses - Inherent power of Court vested in it by virtue of S.311 Cr.P.C. shall always have overriding effect and will operate independently unaffected by discretion of complainant or prosecution to produce the witnesses of their choice u/s 202(2) Cr.P.C...........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Plea that petitioner resides outside territorial jurisdiction of Magistrate and Magistrate failed to comply with the mandatory provision of S.202 Cr.P.C. at the time of issuance of process - Matter is at the stage of cross-examination of complainant whose affidavit has..........

Showing : 41-50 of 240 Results