Criminal Procedure Code, 1973, Section 202 -- Complaint - Issuance of process - Where Magistrate recorded the statement of complainant and his/her witnesses, he is not precluded to seek investigation report u/s 202(1) Cr.P.C. in order to arrive at the decision for purpose of summoning of accused or otherwise...........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Issuance of process - Investigation report u/s 202(1) Cr.P.C. alone cannot be made a basis for disposal of complaint - Object of said investigation is to enable the Magistrate to scrutinize carefully the allegations made in complaint - Inquiry/investigation u/s 202 Cr.P.C., thus, not a futile exercise and has to be..........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Issuance of process - Magistrate not bound to set into criminal law in motion simply because petitioner has made the statement and has produced her evidence - Still Magistrate was required to apply his judicial mind to facts of case and material available on record...........
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 application of mind..........
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 Cr.P.C. but there..........
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...........
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 person as may be thought fit `for..........
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 ground to proceed...........
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 other hand S.202..........
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..........
