Criminal Procedure Code, 1973, Section 401(2) -- Revision against order dismissing complaint at pre-cognizance stage - Summoning of proposed accused in revision - Provision of 401(2) Cr.P.C does not prohibit Court from summoning proposed accused in revision petition even if petition is against an order dismissing complaint at pre-cognizance stage...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of summoning order - Death by medical negligence - - Quashing of summoning orders - There is a pre-condition for seeking an opinion from a doctor in Government Service qualified in branch concerned before proceeding in a complaint case and that condition has not been satisfied in..........
Criminal Procedure Code, 1973, Section 244 -- Complaint case - Charge framed without recording pre-charge evidence and charge framed placing reliance solely on the pre-summoning evidence - Charge framed not sustainable and accordingly set aside - Matter remitted to Metropolitan Magistrate and shall be commenced from stage of recording of pre-charge evidence...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate can also assess on receipt of complaint as to whether, he, while conducting an inquiry, at the pre-summoning stage will be able to collect material available on record especially in cases which are based on documentary evidence such as cheating, forgery etc. - It is not in the..........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Taking cognizance and ordering pre summoning evidence instead of issuing direction to police to register FIR - Order upheld as nature of evidence required to be led to substantiate such accusations does not require any police investigation...........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowering Court to take appropriate steps for proceeding against any person, not being an accused, at any time after charge sheet is filed and before pronouncement of judgment, except during stage of Ss.207/208 Cr.P.C., the committal etc., which is only a pre-trial stage intended..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Additional accused can be summoned on the basis of pre-summoning evidence...........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 403, 406, 420, 120B -- Summons to produce documents - Offence u/ss 403, 406, 420, 120-B IPC - Case is at the pre-charge stage - Application u/s 91 Cr.P.C filed and heard in casual manner, as no list of witnesses was furnished and no summons have been issued for the purpose of summoning the..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of a witness - S.311 Cr.P.C. gives wide powers to Court to summon a witness or re-examine a witness who already been examined - Word "any" used in the S.311 Cr.P.C. as a pre-fix would also include a person who is not cited as a witness...........
