Criminal Procedure Code, 1973, Section 107, 116, 111 -- Notice u/ss 107, 116, 111 Cr.P.C - Notice issued by SDM mechanically in printed proforma - Information received not given - Notice is vague, which does not fulfill the requirement of S.111 Cr.P.C. - Notice quashed...........
Criminal Procedure Code, 1973, Section 107 -- Notice u/s 107 Cr.P.C - Notice should clearly disclose material indicating satisfaction of Magistrate or same should be accompanied by police report and other material being relied upon by Magistrate at the time of issuing of notice - Impugned notice set aside as it is missing of such conditions...........
Criminal Procedure Code, 1973, Section 107 -- Notice u/s 107 Cr.P.C - Issued on a printed proforma - Notice issued without any application of mind and does not confirm to statutory provisions as either clearly disclosing the material indicating satisfaction of Magistrate or accompanied by police report and other material being relied upon by Magistrate at the time of..........
Criminal Procedure Code, 1973, Section 107, 111 -- Show cause notice u/s 111 Cr.P.C - Magistrate has to form an opinion in writing as contemplated by S.111 Cr.P.C and thereafter proceed to issue a show cause notice as contemplated by S.107 Cr.P.C and along with show cause notice annex the opinion - Purpose of law is that noticee is to be made known factual matrix..........
Criminal Procedure Code, 1973, Section 116(6), 111, 107, 150 -- Enlargement of time for inquiry - Inquiry u/s 111 Cr.P.C - Proceedings u/s 107, 150 Cr.P.C - Provision contained in S.116(6) Cr.P.C is mandatory not directory and inquiry is required to be completed within 6 months - Incomplete inquiry can be continued only if Magistrate passes an order extending period with..........
Criminal Procedure Code, 1973, Section 133, 107 -- Proceedings u/s 133 Cr.P.C - Can be drawn only when there is an unlawful obstruction on the way - It is not necessary that disputed road/land must belong to Government or to public...........
Criminal Procedure Code, 1973, Section 133, 107 -- Proceedings u/s 133 Cr.P.C - Maintainability - Land in question private land in Government record - Public had no access to premises in question, as it was constructed by opposite party for their own convenience to go to paddy field - When new road is constructed opposite party closed the road which was constructed by them..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 107 -- Quashing of proceedings - Abetment of suicide - Nothing on record to show that anything was done by accused from which an inference can be drawn that they had abetted deceased to commit suicide - Allegation of assaulting deceased by accused is of the year 2014 - Since there is no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 107 -- Anticipatory bail - Abetment of suicide - Prosecution not able to collect any evidence to show that petitioner by his words or conduct suggested to deceased to commit suicide or that he did something which was proximate to commission of suicide by deceased - General allegation is not..........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C. - Previous incident is not sine quo non for initiating proceedings u/s 107 Cr.P.C. - Likelihood of a breach of peace by itself is enough for Magistrate to initiate proceedings u/s 107 Cr.P.C...........
