Drugs and Cosmetics Act, 1940, Section 27(d), Criminal Procedure Code, 1973, Section 468, 482 -- Sample of medicine Decicort Tab - Cognizance of offence - Limitation - Sample found to be sub standard - Maximum punishment which can be imposed u/s 27(d) of Act of 1940 is 2 years and period of limitation as prescribed u/s 468 Cr.P.C. is three years - However, more than 8..........
Drugs and Cosmetics Act, 1940, Section 27(d), 28A, Criminal Procedure Code, 1973, Section 482, 468 -- Cognizance of offence - Quashing of order - Offence u/ss 27(d), 28A IPC - Delay of more than 4 years in filing complaint - While taking cognizance, Magistrate did not take into consideration delay in institution of complaint - Even, complainant failed to explain the delay..........
Criminal Procedure Code, 1973, Section 200, 202, 173(2) -- Cognizance of offence - Once cognizance of offence in complaint case is taken then fresh cognizance on basis of police report submitted u/s 173(2) Cr.P.C. cannot be taken...........
Criminal Procedure Code, 1973, Section 200, 202 -- Cognizance of offence - After rejection of final report - Once Magistrate has rejected the final report and registered it as complaint case, then it will be taken as Magistrate has taken cognizance in the said matter...........
Criminal Procedure Code, 1973, Section 467, 468, 472, Rajasthan Agricultural Produce Market Act, 1961, Section 17, 28 -- Non payment of market fee u/s 28 of the Act - Continuing offence - Bar of limitation for cognizance - Complaint was filed after expiry of period of limitation - Offence being continuing offence it falls outside the mandate of S.468 Cr.P.C. - Complaint..........
Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - When offences are subject to S.195 Cr.P.C., Court which has to forward the complaint in writing to take cognizance also has discretionary power not to order to file complaint u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate while taking cognizance and issuing summons is required to carefully scrutinize whether allegations made in complaint meet the basic ingredients of offence; whether the concept of territorial jurisdiction is satisfied; and further whether accused is really required to be summoned - This has to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Challenge to order taking cognizance and quashing of complaint - Factual matrix of case - Can be decided by trial Court and not by way of criminal misc. petition - Petition disposed off with direction to petitioner to take these objections before trial Court...........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Magistrate cannot order police to investigate once Magistrate takes cognizance of the offence on complaint case...........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195 -- Offence u/s 193 IPC - Offence u/s 193 IPC falls u/s 195(1)(iii) Cr.P.C., thus, no Court can take cognizance of an offence u/s 193 IPC, except on complaint in writing of Court during proceeding of which such offence is alleged to have been committed...........
