Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint - Dismissal without recording statement of complainant and his witnesses - Complaint when ex facie does not disclose any cognizable offence, it is not necessary to even record statement of complainant - S.203 Cr.P.C. empowers Magistrate to dismiss complaint even without recording statement of complainant and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202, 203, 204 -- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order - Remedy lies in invoking S.482 of the Code...........
Criminal Procedure Code, 1973, Section 203, 204 -- Truthfulness or falsity of statement of witnesses at the stage of Ss.203 & 204 Cr.P.C. - Held, at this stage, Magistrate is not required to conduct a roving and fishing inquiry into the facts of the case - It is not his business to examine at this stage whether witnesses are reliable or not and whether allegations of..........
Criminal Procedure Code, 1973, Section 203, 204 -- Summoning of accused - It is the prima facie case which is to be considered at this stage - Scanning of material and evidence cannot be equated with the scrutiny and appreciation of evidence as required at the final stage - Magistrate is also not required to conduct roving enquiry into the various facts of the case -..........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Cognizance - Meaning of - Held, word, "cognizance" occurring in various Sections in Cr.P.C. is a word of wide import - It embraces within itself all powers and authority in exercise of jurisdiction and taking of authoritative notice of allegations made in complaint or a police report or any information received that..........
Criminal Procedure Code, 1973, Section 203, 397, 401 -- Complaint - Dismissed u/s 203 after taking cognizance and pre-issuance of process - Revision against - Right of accused to be heard - Held, once a challenge is laid to such order at instance of complainant in a revision petition before High Court or Sessions Judge accused persons get right of hearing before Revisional..........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint case - Dismissal - Validity - Court has proceeded on relevant inquiry u/ss 200 and 202 CrPC and on consideration of entire material evidence on record and oral statement has given well reasoned opinion for dismissing complaint - Held, no prima facie offence appears to have been made out - No illegality or..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint - Ground of lack of jurisdiction - Validity - Magistrate simply took note of investigation but failed to consider contents of said report while dismissing complaint on ground of lack of jurisdiction - Held, as per S.203 of the Code, Magistrate is required to consider result of investigation and not just..........
Criminal Procedure Code, 1973, Section 203 -- Complaint without prior sanction - Dismissal of - Validity - Allegations against public servant are of forging and creating false and bogus certificate in order to get admission in Ayurvedic College - Dismissal of complaint on ground that no prior sanction was obtained - Held, it is settled law that such offences can by no..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint - At the stage of issuance of process Magistrate is required to see whether cognizable offence is disclosed against the accused or not and not to appreciate evidence of complainant and witnesses in a manner as he was conducting trial - Having not done so Magistrate committed gross illegality in dismissing..........
