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(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(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..........
Criminal Procedure Code, 1973, Section 190(1)(b), 173(2), (8), Indian Penal Code, 1860, Section 420, 467, 468, 471, 431, 432, 120B -- Cognizance of offence by Magistrate - Police report - Further investigation - Even after submission of report, investigating agency may continue investigation and may submit supplemental report, as law does not mandate taking of prior..........
Criminal Procedure Code, 1973, Section 482, 190(1)(b), Indian Penal Code, 1860, Section 406, 419, 420, 467, 468, 471 -- Quashing of order taking cognizance - Offence u/ss 406, 419, 420, 467, 468, 471 IPC - Initially applicant no.1 charge sheeted u/s 406 IPC, however, in respect of other three applicants negative report was submitted by police - Prosecution and informant..........
Criminal Procedure Code, 1973, Section 190(1)(b), 482, Indian Penal Code, 1860, Section 147, 323, 504, 506, 452 -- Cognizance of offence - Offence u/ss 147, 323, 504, 506 & 452 IPC - Accused not summoned for the offence u/s 506 IPC - This in itself shows application of mind - No ground to quash proceedings...........
Criminal Procedure Code, 1973, Section 173, 190, 204, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471 -- Cognizance of offence - Charge sheet filed against accused - Governor refused to grant sanction for prosecution of the accused - In absence of sanction for prosecution, Magistrate has to ignore the..........
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202, Indian Penal Code, 1860, Section 376, 506 -- Police filed final report - Protest petition also filed - Magistrate has four options : (1) He may agreeing with the conclusions arrived at by the police, accept the report and drop the proceedings - But before so doing, he shall give an opportunity of..........
Criminal Procedure Code, 1973, Section 190(1)(b), 227, 245(1), 245(2), Indian Penal Code, 1860, Section 376(2)(g) -- Protest petition rejected and Magistrate took cognizance of offence u/s 376(2)(g) IPC - Order taking cognizance became final - Offence u/s 376(2)(g) IPC is triable by Court of Sessions and Magistrate has no jurisdiction to entertain an application u/ss..........
Criminal Procedure Code, 1973, Section 190, 195(1), 182, 211, 499 - - Cognizance of offences - Powers of Magistrate - Bar u/s 195(1) of Cr.P.C. - After registration of FIR respondents had applied for anticipatory bail wherein some other judicial proceedings also took place - After grant of bail complaint was filed and therefore proceedings before court within meaning of..........
