Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202, Indian Penal Code, 1860, Section 376, 506 -- Police filed final report - Protest petition also filed - Magistrate has four options : (1) He may agreeing with the conclusions arrived at by the police, accept the report and drop the proceedings - But before so doing, he shall give an opportunity of..........
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202 -- Police filed final report - Protest petition also filed - Magistrate took cognizance neither on the basis of material available in the case diary nor protest petition treated as complaint - Cognizance taken on the basis of affidavits of complainant or the witnesses - Order cannot be sustained - Matter..........
Criminal Procedure Code, 1973, Section 202(2) -- Complainant is not bound to examine all the witnesses u/s 202(2) Cr.P.C. - Only those witnesses are required to be examined u/s 202(2) Cr.P.C. which are sufficient to disclose the commission of offence against the accused...........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Non-examination of all witnesses by complainant - Held, complainant is not bound to examine all his witnesses u/s 202 Cr.P.C. and only those witnesses are required to be examined whom complainant considers material to make out prima facie case for issue of process...........
Criminal Procedure Code, 1973, Section 202, 204, 482, Indian Penal Code, 1860, Section 498A -- Summoning order - Detailed reasons not required to be given - Process can be issued if Court is satisfied that there is sufficient ground for proceeding against the accused...........
Criminal Procedure Code, 1973, Section 202 -- Issue of process - Accused residing beyond the territorial jurisdiction of Court - Court recorded statement of witnesses of complainant in connection with the inquiry - On being satisfied that prima facie case is made out issued summons - Provision of S.202(i) Cr.P.C. satisfied - Accused has no right of hearing at this stage -..........
Criminal Procedure Code, 1973, Section 200, 202, 397 -- Summoning order - Revision against - Summoning order is not an interlocutory order - Revision against summoning order is maintainable...........
Criminal Procedure Code, 1973, Section 202, 156(3) -..........
Criminal Procedure Code, 1973, Section 190, 202, 203 -- Time barred complaint - Magistrate should satisfy himself on the point of limitation at pre-cognizance stage...........
Criminal Procedure Code, 1973, Section 173(8), 200, 202, 482 -- Reinvestigation - Criminal case cannot be sent to police for reinvestigation - However, it can be sent for further investigation on specific issues - In case Magistrate is not satisfied with the finding or the result of the investigation he himself can examine the complainant and other witnesses u/ss 200 and..........
