Criminal Procedure Code, 1973, Section 107, 108, 109, 110, 111 -- Order u/ss 107 to 110 Cr.P.C - Order which does not contain the substance of information received, amount of bond to be executed, term for which it is to be in force and the number and character and class of sureties (if any) required, would be non est, as there is non-compliance of S.111 Cr.P.C...........
Criminal Procedure Code, 1973, Section 111, 110(G) -- Notice u/ss 111, 110 Cr.P.C - Order contemplated u/s 111 Cr.P.C requires application of mind and has to be prepared and drawn up cautiously and carefully in compliance with provisions of S.111 Cr.P.C and order must contain reasons of Magistrate's satisfaction...........
Criminal Procedure Code, 1973, Section 111, 110(G) -- Notice u/ss 111, 110 Cr.P.C - Substance of information is the matter for issuance of show cause notice - If substance of information is not given in the order u/s 111 Cr.P.C, person against whom order has been made may remain in confusion and may not be able to give explanation...........
Criminal Procedure Code, 1973, Section 107, 116, 111 -- Notice u/ss 107, 116, 111 Cr.P.C - Notice issued by SDM mechanically in printed proforma - Information received not given - Notice is vague, which does not fulfill the requirement of S.111 Cr.P.C. - Notice quashed...........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
Criminal Procedure Code, 1973, Section 110(G), 111, 482 -- Notice u/ss 110(G), 111 Cr.P.C - Quashing of notice - Notice contains a bare recital that there is apprehension of commission of cognizable offence - Notice does not contain full substance of information given by concerned police officer - Magistrate has not acted judiciously while issuing impugned notices - Even,..........
Criminal Procedure Code, 1973, Section 110, 111, 116 -- Bond for good behaviour - Order passed u/s 111 Cr.P.C, did not say anything about amount of bond to be executed and nature of number, character and class of sureties that were required to be furnished - This is a clear violation of S.111 Cr.P.C - Moreover, no cogent reasons were recorded in writing as envisaged in..........
Criminal Procedure Code, 1973, Section 107, 111 -- Show cause notice u/s 111 Cr.P.C - Magistrate has to form an opinion in writing as contemplated by S.111 Cr.P.C and thereafter proceed to issue a show cause notice as contemplated by S.107 Cr.P.C and along with show cause notice annex the opinion - Purpose of law is that noticee is to be made known factual matrix..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 109, 111, 460, 394, 397, 201, 411, 120B -- Interim bail - For attending the marriage of his daughter - Offence u/ss 302, 109, 111, 201, 120-B, 394, 397, 411, 460 IPC - Case before trial Court is fixed for recording of statements of prosecution witnesses - Therefore, petitioner directed to be..........
Criminal Procedure Code, 1973, Section 116(6), 111, 107, 150 -- Enlargement of time for inquiry - Inquiry u/s 111 Cr.P.C - Proceedings u/s 107, 150 Cr.P.C - Provision contained in S.116(6) Cr.P.C is mandatory not directory and inquiry is required to be completed within 6 months - Incomplete inquiry can be continued only if Magistrate passes an order extending period with..........
