Criminal Procedure Code, 1973, Section 200 -- Summoning of accused - For issuing the order of summoning Magistrate could not have relied upon same material which was before him when he passed the order calling for report u/s 202 Cr.P.C - The reason is that Magistrate was not satisfied that material was sufficient to pass summoning order - Order issuing process has drastic..........
Criminal Procedure Code, 1973, Section 202(2) -- Inquiry u/s 202(2) Cr.P.C - Only three witnesses of fact have been examined at the stage of inquiry before summoning the accused - Admittedly, doctor who examine injured has not been summoned and examined u/s 202 Cr.P.C - Magistrate did not find necessary to call upon complainant to examine all his witnesses on a premise..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Deleted accused - Magistrate can take cognizance against deleted accused, if it finds some material against deleted accused before committing case u/s 190 Cr.P.C - Order of Sessions Court to add the array of deleted accused has to wait till the case reaches the stage of S.319 Cr.P.C is unsustainable...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate - Power to order further investigation after a police report has been forwarded u/s 173(2) Cr.P.C, would continue to enure in the Magistrate at all stages of criminal proceedings until a trial itself commences...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Averments made in the application u/s 173(8) Cr.P.C reveal that victim protested against deletion of charges u/ss 376, 417, 420 IPC - Victim would have to submit a protest petition against charge sheet filed by I.O. in which accused was not put up for trial for said offences - Application seeking..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of seized vehicle - Jurisdiction of Court - Vehicle involved in NDPS case - Application for interim custody of vehicle rejected on the ground that Magistrate has no jurisdiction since the vehicle was seized u/s 52 of NDPS Act - However, jurisdiction of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Murder - Mere non-receipt of viscera report alone would neither render the investigation incomplete nor render the Magistrate unable to take cognizance, particularly when case is based on eye witness account wherein the identity of deceased is not in dispute and furthermore, the manner in which the injuries..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Quashing of summoning order - Petitioners are senior citizens and reside in Mumbai - Drill of S.202 Cr.P.C was not followed - Neither complainant nor State counsel able to controvert the same - Summoning order set aside - Matter remanded back to Magistrate to..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Summoning of accused - Magistrate can summon accused on the basis of statements of a witness recorded u/ss 161, 164 Cr.P.C...........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C - If Magistrate prefers to hold an inquiry himself, it shall not be imperative for him to examine witness on oath and in suitable cases, he may examine documents for satisfying himself, as to sufficiency of grounds for proceeding u/s 202 Cr.P.C...........
