Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B -- Issue of process - Offence u/ss 409, 420, 467, 471 & 120-B IPC - Magistrate instead of directing investigation u/s 156(3) Cr.P.C, proceeded u/s 202 Cr.P.C. - Accused alleged to have forged partnership - Case has been held to be primarily of civil nature - Whether it..........
Criminal Procedure Code, 1973, Section 202 -- Summoning of accused without examining all the witnesses - Summoning of accused shall not be bad in the eyes of law if Magistrate proceeds to summon accused without examining all witnesses stated in the witness list - It is very much open for Magistrate to proceed to decide on point of summoning of accused on the basis of..........
Criminal Procedure Code, 1973, Section 311, 202 -- Examination of witnesses - Inherent power of Court vested in it by virtue of S.311 Cr.P.C. shall always have overriding effect and will operate independently unaffected by discretion of complainant or prosecution to produce the witnesses of their choice u/s 202(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 202, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Issue of process has not been issued - Held, for holding an inquiry for the offence u/s 138 of NI act issuance of summons is not attracted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Plea that petitioner resides outside territorial jurisdiction of Magistrate and Magistrate failed to comply with the mandatory provision of S.202 Cr.P.C. at the time of issuance of process - Matter is at the stage of cross-examination of complainant whose..........
Criminal Procedure Code, 1973, Section 202, 156(3) -- Complaint - Cognizance - Power u/s 202 Cr.P.C. once invoked by Court then it is not within jurisdiction of Court to revert back to the provision of S.156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Private complaint - Accused residing beyond territorial jurisdiction - Magistrate is not bound to conduct an inquiry in terms of S.202 Cr.P.C. in case he is opting to send the complaint for investigation u/s 156(3) Cr.P.C. to the concerned Police Station...........
Criminal Procedure Code, 1973, Section 202(1) -- Enquiry - Accused living beyond jurisdiction of Magistrate - Held, enquiry or investigation is mandatory before issuance of summons...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Accused living beyond jurisdiction of Magistrate - Magistrate has examined complainant on solemn affirmation and two witnesses and only thereafter he had directed for issuance of process - Held, no error in order issuing summons...........
Criminal Procedure Code, 1973, Section 202(1) -- Enquiry - Accused living beyond jurisdiction of Magistrate - Held, enquiry or investigation is mandatory before issuance of summons...........
