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 156(3), 200, 202 -- Complaint - Magistrate has two options: he may either apply his mind for purpose of proceeding u/s 200 Cr.P.C. and succeeding sections in Chapter XV Cr.P.C. or may instead of proceeding under chapter XV, order investigation u/s 156(3) Cr.P.C. - It is duty of Court to protect interest of accused while forwarding..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202, Indian Penal Code, 1860, Section 376, 406 -- Complaint - Offence u/ss 376 & 406 IPC - Magistrate may either apply his mind for purpose of proceeding u/s 200 Cr.P.C. or order investigation u/s 156(3) Cr.P.C. - If for any reason complainant wants herself to be examined by a lady doctor then Magistrate can order her..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused residing outside jurisdiction of Court - Inquiry/investigation u/s 202 Cr.P.C. - Held, provision of S.202 Cr.P.C. is not applicable to proceedings u/s 138 of Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202, 203, 204 -- Dishonour of cheque - Recall of summoning order - Trial Court has no power to recall the order taking cognizance of offence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Inquiry - Court took into consideration evidence by way of affidavit of complainant and documentary evidence on the basis of which prima facie case was made out against petitioners - Held, no further enquiry is warranted in the matter...........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Issue of process or summons - Order is intermediary or quasi final in nature and not interlocutory in nature - Aggrieved party has remedy of revision either in High Court or District Court...........
Criminal Procedure Code, 1973, Section 202 -- Summoning order - Quashing - Participation of Magistrate was absolutely nil during inquiry - No questions were put to witnesses - Evidence was recorded in a mechanical fashion - Magistrate did not wait for the result of enquiry by the police which he himself had ordered - Magistrate should have realised that the prospective..........
Criminal Procedure Code, 1973, Section 190, 200, 202 -- Cognizance of offence - While entertaining a protest application procedure envisaged under Chapter XV of Cr.P.C has to be followed and non application of such procedure vitiates the proceeding...........
Criminal Procedure Code, 1973, Section 202(1) - - Directions for investigation - Held, direction for investigation by a police officer cannot be made, as provided under proviso to sub-s.(1) of S.202 Cr.P.C., unless complainant and witness present have been examined on oath u/s.200 Cr.P.C...........
