Showing : 21-30 of 166 Results

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..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 204-- Recall of summoning order - Order of disposing of an objection against summoning order is an interlocutory order that cannot be reviewed before personal appearance of accused - Moreover, Magistrate has no power to review its own order and recall the summoning order - Application rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 204-- Summoning of accused not named in charge sheet - Trial Court has adequate powers to summon any person even if not named in charge sheet provided there is sufficient material to proceed against him and a prima facie case is made out against such person as well...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process - If Magistrate taking cognizance of a case, upon consideration of materials before him thinks that there is prima facie case for proceeding in respect of offence, he shall issue process against accused - Wide discretion has been given as to grant or refusal of process and it..........
MADHYA PRADESH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 204-- Summoning of accused - Magistrate has no power to summon accused merely because complaint against him is filed as there should be sufficient ground for proceeding in case of complaint after examination of complainant - Summoning of accused by Magistrate without examining contents of complaint..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 204-- Criminal breach of trust - Entrustment of stridhan - Specific date of entrustment and specific date of demand not mentioned - Magistrate even failed to take any consideration of limitation and proposition of law - Summoning order quashed - Matter remitted back for decision afresh...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 397, 398, 203, 204-- Revisional jurisdiction - Offence u/ss 294, 354 & 506 - Revisional court is not competent to pass an order of summoning accused while disposing of revision petition preferred by complainant whose complaint has been dismissed by trial court after recording preliminary evidence and finding that..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204-- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order and recall the summoning order - Remedy lies before High Court u/s 482 Cr.P.C. or under Article 227 of the Constitution of India...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202, 203, 204-- Dishonour of cheque - Recall of summoning order - Trial Court has no power to recall the order taking cognizance of offence...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204-- Issue of process or summons - Order is intermediary or quasi final in nature and not interlocutory in nature - Aggrieved party has remedy of revision either in High Court or District Court...........

Showing : 21-30 of 166 Results