Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Withdrawal of protest petition - Even if protest petition filed by complainant is withdrawn, Magistrate is still competent to independently examine material placed before him and take cognizance if a prima facie case is made out...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Magistrate is not bound by opinion of police upon submission of final report or cancellation report u/s 173 Cr.P.C and has independent power to apply his mind to material collected during investigation - Magistrate is competent to accept cancellation report, to direct further investigation or to disagree..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - At the stage of taking cognizance and issuing process, Court is only required to see whether a prima facie case is made out on the basis of material available on record and not to conduct a detailed examination of evidence as would be done during trial...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 451, 427, 147 -- Sanction for prosecution - Offence u/ss 323, 451, 427, 147 IPC - Petitioner acted under directions of Commissioner and proceeded in a bona fide manner while taking action regarding removal of encroachment - In such circumstances, acts complained of cannot be said to be wholly..........
Criminal Procedure Code, 1973, Section 195 -- Cognizance of offence - Initiation of proceedings by Station House Officer who is admittedly subordinate in hierarchy is contrary to mandate of S.195 Cr.P.C...........
Criminal Procedure Code, 1973, Section 195 -- Cognizance of offence - Where a complaint is made to a superior officer and subsequently upon investigation is found to be false, any complaint for prosecution must emanate from that very authority or a superior authority and not from an officer of a lower rank...........
Criminal Procedure Code, 1973, Section 195 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.215) - Cognizance of offence - Requirements contained in S.195 Cr.P.C./S.215 BNSS are not mere directory but are mandatory jurisdictional pre-requisite...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - Cognizance order must be passed in accordance with law, as cognizance is the base of a criminal case...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - Court cannot take cognizance after expiry of limitation period...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, 223 -- (Criminal Procedure Code, 1973, Ss.190, 200) - Private complaint - Cognizance of offence - While taking cognizance of an offence based on a private complaint especially one filed as a protest complaint against a refer report filed by police, Magistrate shall take into consideration the refer report as well - It..........
