Criminal Procedure Code, 1973, Section 397, 200 -- Order taking cognizance on complaint after enquiry - Revision against order - Held, revision is maintainable as order passed is intermediatory or quasi final order...........
Criminal Procedure Code, 1973, Section 195 -- Bar u/s 195 Cr.P.C - Cognizance of offence - Offence u/ss 188, 34 IPC - Compliant filed by Enforcement Officer being Government servant is valid, as Government Official on duty has every right to file a complaint if he finds any order of Court, Tribunal or District Administration is violated...........
Marriage -- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in recent past, e.g., in the last five years; (b) Secretary,..........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - Magistrate while taking cognizance has to satisfy himself about satisfactory grounds to proceed with complaint and at this stage consideration should not be whether there is sufficient ground for conviction - Magistrate is not required to record elaborate reasons but order should reflect independent..........
Criminal Procedure Code, 1973, Section 156(3) -- Compliant u/s 156(3) Cr.P.C. - Order to record sworn statement of complainant - Shows Magistrate was not prepared to invoke power u/s 156(3) Cr.P.C. - Complainant can very well challenge this order - However, when complainant once furnishes his statement u/s 200 Cr.P.C. then he cannot be heard to say that Magistrate ought to..........
Criminal Procedure Code, 1973, Section 195 -- Bar u/s 195 Cr.P.C. - Cognizance of offence - Where document has been forged and later on produced in Court, bar created u/s 195 Cr.P.C. would not come into play and Court can take cognizance of offence on basis of complaint filed by petitioner...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468, 482 -- Offence u/ss 498-A, 406 IPC - Wife turned out of matrimonial home in 2006 and complaint lodged in 2012 - As per S.468 Cr.P.C., complaint was barred by limitation - More so, Investigating Officer gave a negative final report detailing strong and cogent reasons for discarding the..........
Criminal Procedure Code, 1973, Section 173(8), 2(d), 190 -- Supplementary complaint - Cognizance of offence - Cognizance is taken of offence, not offender - Since no new offence is made out from additional material collected during further investigation, supporting an earlier offence on which cognizance has already been taken or additional accused are arrayed, no further..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Supplementary complaint - No cognizance was taken by Special Court on supplementary complaint - Bail application heard on the date before custody of petitioner became legal - Moreover, petitioner was remanded to judicial custody till 11-8-17 and said date was not noted by Court but by reader of Court which..........
Criminal Procedure Code, 1973, Section 190, 482 -- Order taking cognizance of offence - Quashing of order - Allegation of obtaining forged sale-deeds by accused in order to grab property of complainants - As per evidence on record, allegations levelled in complaint are purely of civil nature and constitute civil dispute which has been given colour of criminal case - Even,..........
