Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Summoning of accused - Offence u/ss 420, 468, 471, 120-B IPC - Magistrate summoned accused after required satisfaction that there is sufficient ground to proceed against accused - High Court went into wrong in interfering with summoning order and quashing the same - Impugned..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuance of process - Enquiry u/s 202 Cr.P.C. is not mandatory in proceeding u/s 138 of N.I. Act...........
Criminal Procedure Code, 1973, Section 190, 202(1) -- Cognizance of offence - Non-compliance of S.202(1) Cr.P.C. - Accused resident of place which is beyond the area in which Magistrate was exercising his jurisdiction - Compliance of S.202(1) Cr.P.C was mandatory before issuance of process against accused - However, Magistrate issued process immediately after taking..........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Direction for investigation - Power to order police investigation u/s 156(3) Cr.P.C. is different from power to direct investigation conferred by S.202(1) Cr.P.C. - Two operate in distinct spheres at different stages - First is exercisable at pre-cognizance stage and second at post-cognizance stage when Magistrate is..........
Criminal Procedure Code, 1973, Section 202(1) -- Object of investigation u/s 202(1) Cr.P.C. - Not to initiate a fresh case on police report but to assist Magistrate in completing proceedings already instituted upon complaint before him...........
Criminal Procedure Code, 1973, Section 202(1) -- Issuance of process - Where Magistrate issued process relying upon contents of compliant without considering police report, it is necessary for Magistrate to state reasons for disagreeing with investigation report filed by police and was further investigation by team of officers from economic offence branch - Having not..........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C. - Complainant is not bound to examine himself during enquiry u/s 202 Cr.P.C. after recording of his initial statement u/s 200 Cr.P.C. - However, if substance of his examination is recorded u/s 200 Cr.P.C. as required in said section and complainant feels necessity to give a detail account of incident to..........
Criminal Procedure Code, 1973, Section 202(2) -- Complaint - Complainant not bound to examine all witnesses named in complaint and he is at liberty to examine any of them and decline the rest by filing a memo - Provision is mandatory only when witnesses whose statements are recorded u/s 200 Cr.P.C. and S.202 Cr.P.C will be permitted to be examined before Court of Session..........
Criminal Procedure Code, 1973, Section 202(2) -- S.202(2) Proviso Cr.P.C. mandates for a Magistrate to call upon complainant of an exclusively sessions triable case to produce all his witnesses and examine them on oath...........
Criminal Procedure Code, 1973, Section 202 -- Non-compliance of mandatory provision of S.202 Cr.P.C. - It is only the order of issuance of process which is vitiated and not the case per se, if case otherwise has merits...........
