Criminal Procedure Code, 1973, Section 340, 341, 343 -- Complaint u/ss 340, 341 Cr.P.C. - If trial Court on receipt of complaint is satisfied that materials on record are adequate enough, it shall, as per mandate contained in S.343(1), deal with the case as if instituted on a police report - In case, complaint is filed without preliminary enquiry, it would be open for..........
Criminal Procedure Code, 1973, Section 340, 341, 343 -- Complaint u/ss 340, 341 Cr.P.C. - To be treated as a case instituted on a police report - However words `as far as may be' by no means can be totally ignored - These words acknowledge the discretion of trial Magistrate to obtain further materials by way of an inquiry even if summary in nature, if genuinely felt..........
Criminal Procedure Code, 1973, Section 343, 340, Indian Penal Code, 1860, Section 193 -- Compliant u/s 340 Cr.P.C. - Offence u/s 193 IPC - Magistrate examined complainant and some other witnesses before framing charge against accused - It was in the form of summary inquiry to be satisfied as to whether materials on record would justify framing of charge against accused or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 454 -- Bail - Challan against accused has been filed in Court, however, charge is yet to be framed - Accused not named in FIR and recovery has already been effected partially after arrest that accused in judicial custody and offences are triable by Court of Judicial Magistrate and trial is at..........
Indian Penal Code, 1860, Section 498A -- Preventing the misuse of offence u/s 498-A IPC - Directions issued : (i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary trial or summons trial - Evidence of witnesses recorded in verbatim and not merely substance of evidence - De novo trial by successor Magistrate not required - Successor Magistrate will recommence proceedings from the stage where it was stopped by..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 86 -- Trial of offences against children - Direction issued by High Court for compliance by Subordinate Courts : (a) All cases pending before the Children's Court, where the proceedings are not concluded shall be transferred to the Magistrate Court concerned as provided u/s 228(1)(a) Cr.P.C. for trial..........
Criminal Procedure Code, 1973, Section 244, 245, 256 -- Warrant trial - Cases instituted otherwise than on police report - Trial of an accused u/ss 244, 245, 246, 247 Cr.P.C. and evidences relevant for it, has no nexus, proximate or otherwise with evidence adduced at initial stage whether Magistrate records depositions and examines evidence for purpose of S.204 Cr.P.C. to..........
Criminal Procedure Code, 1973, Section 244, 245, 256 -- Warrant trial - Cases instituted otherwise than on police report - Once accused appears and is brought before Magistrate, prosecution has to be heard and all such evidence as is brought in support of its case are recorded as per provision of Ss.244, 245, 246 Cr.P.C...........
Criminal Procedure Code, 1973, Section 244 -- Warrant trial - Evidence of prosecution - Ordinarily when evidence is led u/s 244 Cr.P.C. by prosecution, Magistrate has to consider the same, and if he is convinced, Magistrate can frame charge - Phrase "if, when such evidence has been taken" used in S.246 Cr.P.C. clearly refers to evidence u/s 244 Cr.P.C - Thereafter..........
