Criminal Procedure Code, 1973, Section 195, 352, Indian Penal Code, 1860, Section 174 -- Cognizance of offence - Offence u/s 174 IPC - S.352 Cr.P.C creates an embargo on a judge of criminal Court or a Magistrate except a judge of High Court from trying any person for offences referred to in S.195 Cr.P.C. - It is thus, not proper for Special Judge to have taken cognizance..........
Criminal Procedure Code, 1973, Section 174, Indian Penal Code, 1860, Section 302, 149 -- Inquest report - Murder - Non-recording of certain relevant entries in inquest report do not constitute material defect so grave to throw out prosecution story and otherwise reliable testimonies of PWs that have mostly remained uncontroverted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174, 175, Constitution of India, 1950, Article 20, Finance Act, 2008, Section 69 - - Retrospective amendment - Creation of offence - Effect of - Held, retrospective amendment by S.69 of the Finance Act, 2008 can ex-post facto ratify the acts of officers in issuing summons u/s 108 of the Customs..........
Indian Penal Code, 1860, Section 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, Criminal Procedure Code, 1973, Section 195(1) -- Offence if covered u/ss 172 to 188 IPC then police has no power to register and investigate the case without prior permission of concerned Magistrate...........
Criminal Procedure Code, 1973, Section 174, Indian Penal Code, 1860, Section 306, 498A -- Case of murder - However, police registered offence u/s 306 r/w 498-A/34 - Death within seven years of marriage - Circumstances disclosed sufficient to have reasonable doubt about cause of her death and possibility of a third person's involvement in the matter - Post mortem report on..........
Indian Penal Code, 1860, Section 174 -- Witness - Failing to appear inspite of bailable warrants - Witness could not appear due to his election duties - Absence not deliberate - Cognizance taken after more than 1-1/2 years from date of commission of offence - Error in counting limitation from date of complaint - Proceedings quashed...........
Indian Penal Code, 1860, Section 174, Criminal Procedure Code, 1973, Section 195 -- Sub Inspector neither appeared nor produced case diary when so ordered by Magistrate - Magistrate took cognizance of offence u/s 174 IPC - As trial Court instead of filing a complaint took cognizance himself and that too, without affording opportunity to petitioner to show cause, as such..........
