Criminal Procedure Code, 1973, Section 200, 202, 173(2) -- Cognizance of offence - Once cognizance of offence in complaint case is taken then fresh cognizance on basis of police report submitted u/s 173(2) Cr.P.C. cannot be taken...........
Criminal Procedure Code, 1973, Section 200, 202 -- Cognizance of offence - After rejection of final report - Once Magistrate has rejected the final report and registered it as complaint case, then it will be taken as Magistrate has taken cognizance in the said matter...........
Criminal Procedure Code, 1973, Section 202 -- Object of investigation u/s 202 Cr.P.C. - Not to initiate fresh case on police report but to assist Magistrate in completing proceedings already instituted upon complaint before him...........
Criminal Procedure Code, 1973, Section 41A, 202 -- Notice u/s 41-A Cr.P.C. - Cannot be issued to proposed accused by a police officer in the course of investigation u/s 202 Cr.P.C...........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C. - Magistrate holding enquiry u/s 202 Cr.P.C. cannot call upon accused to participate in such inquiry or pose any question to him or his witnesses - It is only upon conclusion of such enquiry if Magistrate is satisfied on the basis of materials on record that there is sufficient ground to proceed against..........
Criminal Procedure Code, 1973, Section 202 -- Direction for investigation by Magistrate u/s 202 Cr.P.C. - At post-cognizance stage, while dealing with a complaint, is in the nature of an inquiry and not a further investigation u/s 173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 202(2) -- Inquiry u/s 202 Cr.P.C. - In case complainant's evidence on oath itself is sufficient, Magistrate will not re-examine him on oath again following mandate of S.202 Cr.P.C. - Though word `shall' is used in the provision but that does not mean that Magistrate is bound to examine and conduct an inquiry where facts of case do not..........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C. is mandatory, where accused is residing at a place beyond the area in which Magistrate exercises his jurisdiction - However, said mandate does not mean that Magistrate is bound to examine and conduct an inquiry where facts of the case do not warrant any inquiry...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Where accused is residing at a place beyond the area in which Magistrate exercises his jurisdiction, it is mandatory on the part of Magistrate to conduct an enquiry or investigation before issuing process, so that false complaints are filtered and rejected...........
Criminal Procedure Code, 1973, Section 202 -- Accused residing beyond jurisdiction of Magistrate - Enquiry u/s 202 Cr.P.C. - Law settled in Vijay Dhaunka's case reiterated : In the inquiry envisaged u/s 202 of the Code, the witnesses are examined whereas u/s 200 of the Code, examination of complainant only is necessary with the option of examining the witnesses present, if..........
