Criminal Procedure Code, 1973, Section 202(1) -- Investigation u/s 202(1) Cr.P.C - If Magistrate did not order for police investigation u/s 156(3) Cr.P.C and took cognizance of case, that would not be bar to exercise of power of Magistrate for directing police investigation u/s 202(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 190, 202 -- Complaint - Mere statement in order that he has gone through complaint, document and heard complainant will not be sufficient - What weighted with Magistrate to order investigation or to take cognizance should be reflected in the order, although a detailed expression of his view is neither required nor warranted...........
Criminal Procedure Code, 1973, Section 41, 482 -- Interference with investigation or order staying arrest - No interference with investigation or order staying arrest unless cognizable offence is not ex-facie discernible from allegations contained in FIR or there is any statutory restriction operating on power of police to investigate a case...........
Criminal Procedure Code, 1973, Section 362 -- Recall of judgment or order - Bar u/s 362 Cr.P.C - No judgment or order can be altered, reviewed or recalled in view of bar u/s 362 Cr.P.C...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 306 -- Framing of charge - Offence u/s 306 IPC - Court is not required to consider pros and cons of case at the stage of charge and to hold an enquiry to find out truth - Sessions Judge has taken into account all relevant material and framed the charge - Order framing charge is proper...........
Criminal Procedure Code, 1973, Section 102, Indian Penal Code, 1860, Section 420, 409 -- Seizure of bank account by I.O - Cheating - Case registered against son of petitioner - However, account of petitioner was seized - No material on record to show that amount lying in account of petitioner has any direct nexus of link with amount misappropriated by her son - This..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 336, 148, 149, Arms Act, 1959, Section 25, 27 -- Quashing of complaint - Attempt to murder - Compromise arrived at between parties - Court satisfied that compromise had been entered into by parties voluntarily, without coercion and undue influence and genuine - Complaint and summoning order..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order u/s 125 Cr.P.C does not finally determine status, rights and obligations of parties and it only provides for maintenance of indigent wives, children and parents...........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Rejection of an application u/s 311 Cr.P.C is an interlocutory order, against which revision is not maintainable as per S.397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2), 3(1)(r)(s), 3(2)(va) -- Order rejecting anticipatory bail - Appeal thereagainst - Ingredients of offences under SC/ST Act attracted in view of S.18 of SC/ST Act - Appeal dismissed being not maintainable...........
