Prevention of Food Adulteration Act, 1954, Section 7, 16, 17 -- Offence u/s 7/16 of the Act - Nominee of company - Nomination in Form VIII duly sent and received - It cannot be rejected on the ground that it was sent on the letter head of the company - Averments in complaint clearly indicate that it was the name of one `D' which was with the Local Health Authority, hence..........
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 176, 177, 181, 199, 506 -- Private complaint - Offence u/ss 176, 177, 181, 199, 506 IPC - Cognizance of case was erroneously assumed by Court without complaint in writing made by Competent Authority i.e public servant - Trial of case was thus, without jurisdiction ab inito - Charge sheet..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 457, 380, 427, 447 -- Quashing of order - Order taking cognizance - Offence u/ss 457, 380, 427, 447 IPC - Trial Court took cognizance of offence on basis of statement of complainant and his witnesses recorded u/ss 200, 202 Cr.P.C - Material on record shows that findings of trial Court does not..........
Indian Penal Code, 1860, Section 309, Criminal Procedure Code, 1973, Section 468 -- Attempt to commit suicide - Order taking cognizance - Offence in question is punishable with a maximum imprisonment of one year - FIR was registered in the year 2013 and Court below has taken cognizance in the year 2016, without assigning any reason and thus, same is barred by law - Order..........
Criminal Procedure Code, 1973, Section 200 -- Private complaint - Recording of sworn statement of complainant and witnesses present before taking cognizance of offence is mandatory u/s 200 Cr.P.C - Affidavit of complainant cannot be substituted for recording of sworn statement by Magistrate...........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Order u/s 156(3) Cr.P.C. directing police to register and investigate a cognizable offence - Not open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued - Moreso such an order is an interlocutory order and remedy of revision is barred u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Investigation - Difference between two provisions of Ss.156(3), 202(1) Cr.P.C - Investigation by police officer u/s 156(3) Cr.P.C is at pre-cognizance stage, whereas, power to order investigation u/s 202(1) Cr.P.C is at post-cognizable stage - Investigation u/s 202(1) Cr.P.C is for purpose of ascertaining truth or..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Magistrate is not bound by final report submitted by I.O, as he can have his own opinion and proceed accordingly...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cognizance of offence - Cheating - Magistrate carefully examined material and evidence collected during investigation which are part of case diary and after prima facie satisfaction had rejected final report and taken cognizance u/s 190(1)(b) Cr.P.C - No infirmity in..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, Rule 18 -- Offence u/ss 379, 414 IPC, Ss.4/21 of Mines & Minerals (Development & Regulation) Act, 1957 & Rule 18 of..........
