Indian Penal Code, 1860, Section 376, 506II, 190, 34 -- Rape - Names of applicants are not mentioned in the FIR but in the statements of prosecutrix recorded u/ss 161 & 164 Cr.P.C., specific allegations have been leveled against applicants regarding abetment of committing rape by co-accused with prosecutrix - Prima facie it seems that applicants committed an offence u/s..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 306 -- Cognizance - Charge sheet not filed against petitioner - Petitioner summoned as an accused on the basis of statements of first informant, mother of deceased and another brother of deceased recorded u/s 161 Cr.P.C. wherein they stated that petitioner also harassed and assaulted the..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Charge sheet submitted u/s 325 and other provisions of IPC - Magistrate not in agreement with charge sheet and he dropped S.325 and replaced it with S.326 IPC - No infirmity in the impugned order...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cognizance of offence - Cheating - Magistrate carefully examined material and evidence collected during investigation which are part of case diary and after prima facie satisfaction had rejected final report and taken cognizance u/s 190(1)(b) Cr.P.C - No infirmity in..........
Criminal Procedure Code, 1973, Section 190, 204, Indian Penal Code, 1860, Section 500 -- Offence u/s 500 IPC - Order of summoning - Court while taking cognizance and passing order of summoning has not mentioned as to what are the materials against accused - Order passed in a mechanical way - Impugned order not passed in consonance with provisions of law and thus, set aside..........
Criminal Procedure Code, 1973, Section 190, 2(d), Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Investigation of non cognizable offence and charge sheet filed of non cognizable offence - Charge sheet be treated as complaint - Order taking cognizance set aside - Trial Court to proceed in the case as a complaint case...........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 323, 504, 506, 354, 147 -- Quashing of summoning order - Order taking cognizance - Offence u/ss 323, 504, 506, 354, 147 IPC - Detailed cognizance order as well as summoning order passed by Magistrate with judicial application of mind to material available on record - Materials are sufficient..........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 376B -- Order taking cognizance of offence - Rape - Trial Court passed a detailed reasoned order considering each and every aspect of matter - Cognizance of offence taken by Magistrate after he was satisfied that prima facie case is made out and summoned the applicants in exercise of power..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Offence u/ss 494, 498-A, 506(ii) IPC - Complaint lodged before police discloses offence in question - Police thus, can investigate the matter and file a charge sheet and based on said charge sheet, Magistrate can take cognizance of offences including offence u/s 494 IPC...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 477A -- Cognizance of offence - Issuance of summons - Cheating - Illegal transfer of huge money - Case based on police report - Police filed second supplementary charge sheet and along with it, number of materials like statement of witnesses, Bank statement of..........
