Criminal Procedure Code, 1973, Section 200, 202, 204, 155(2), 482 -- Private complaint - Sent to police for enquiry - Inquiry report submitted by police - If Magistrate is to proceed against accused then it is statutory requirement for Magistrate to record statements of complainant and his witnesses by virtue of Ss.200 and 202 Cr.P.C. before issuing process - In the..........
Criminal Procedure Code, 1973, Section 190, 200 -- Second complaint on same facts is maintainable when (i) earlier complaint was decided on the basis of insufficient material; (ii) the order was passed without understanding the nature of the complaint; (iii) complete facts could not be placed before the court; (iv) complainant came to know certain facts after disposal of..........
Criminal Procedure Code, 1973, Section 190, 200, 202 -- Second complaint - On same facts - Not permissible - Unless earlier complaint was decided on the basis of insufficient material or was passed without understanding the nature of the complaint or where the complete facts could not be placed before the Court and the applicant came to know of certain facts after the..........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 307, 504 -- Summoning of revisionists u/s 307 and 504 IPC after having rejected final report u/s 173(2) submitted by IO - Special Court while taking cognizance of offence and issuing process simply taken into consideration record of cross-case - Legality - Held, it is settled that..........
Criminal Procedure Code, 1973, Section 200 -- Complaint by public servant - Non-examination of complaint and witnesses - Effect - Complaint is made in writing by a public servant acting or purporting to act in discharge of his official duty - Held, Magistrate need not examine complainant and witnesses...........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Cognizance - Meaning of - Held, word, "cognizance" occurring in various Sections in Cr.P.C. is a word of wide import - It embraces within itself all powers and authority in exercise of jurisdiction and taking of authoritative notice of allegations made in complaint or a police report or any information received that..........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint case - Dismissal - Validity - Court has proceeded on relevant inquiry u/ss 200 and 202 CrPC and on consideration of entire material evidence on record and oral statement has given well reasoned opinion for dismissing complaint - Held, no prima facie offence appears to have been made out - No illegality or..........
Criminal Procedure Code, 1973, Section 200 - - Complaint filed by public servant - Non-examination of complaint and witnesses - Held, when complaint is in writing, Magistrate need not to examine complainant and witnesses if a public servant acting or purporting to act in discharge of his official duties or a Court has made the complaint...........
Criminal Procedure Code, 1973, Section 200, 182, 195 - - Complaint filed by public servant - Complaint u/ss 182, 195 IPC filed by Additional Sessions Judge in discharge of his official duties and after recording findings in the judgment - Held, it was not necessary for Chief Judicial Magistrate to record evidence of witnesses u/s 202 CrPC and those witnesses can very well..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Complainant's statement-i, chief - Held, it could be on affidavit although it is open to call him for cross-examination in exercise of power u/sub-s.(2) of S.145 of NI Act...........
