Criminal Procedure Code, 1973, Section 156(3), 200, 202, 190 -- Criminal complaint - Investigation by Police - Magistrate perusing the complaint and sending it to Police for investigation u/s 156(3) Cr.P.C. - Not illegal - If a bare reading of complaint discloses a cognizable offence, then Magistrate instead of applying his mind to the complaint for deciding whether or not..........
Criminal Procedure Code, 1973, Section 311, 202 -- Additional evidence - Complaint case - Witnesses sought to be examined not cited in the complaint - Said witnesses not examined at the pre cognizance stage of the case - Witnesses sought to be examined medical experts and relevant documentary evidence pertaining to examination of the witnesses already placed on record -..........
Criminal Procedure Code, 1973, Section 202(2) -- Complainant is not bound to examine all the witnesses named in the complaint or whose names are disclosed in response to the order passed by the Magistrate - Only those witnesses are required to be examined whom the complainant considers material to make out a prima facie case for issue of process - Consequence of such non..........
Criminal Procedure Code, 1973, Section 202(2) -- Complaint - Offence triable exclusively by a Court of Sessions - Examination of all witnesses cited in the compliant is not a must - Only those witnesses are required to be examined whom the complainant considers material to make out a prima facie case for issue of process...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused living in Sharjah - Accused contended that before issuing process, Magistrate should himself enquire into the case or direct investigation to be made by a police officer for the purpose of deciding whether or not there is sufficient evidence for..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Offence of cruelty - Accused husband residing beyond territorial jurisdiction of Magistrate who issued process - As per amended provisions of Cr.P.C. of 2005, Magistrate to make enquiry in relation to accused who were residing outside his territorial jurisdiction before issuing process - No such enquiry..........
Criminal Procedure Code, 1973, Section 468, 469, 190, 200, 202 -- Limitation - Complaint filed within time - Process issued after expiry of limitation - Held, limitation prescribed under the Code is only for filing of complaint or initiation of the prosecution and not for taking cognizance - Moreover taking cognizance is an act of Court over which the prosecuting agency or..........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Application u/s 156(3) Cr.P.C. treated as a complaint case - A case already registered at concerned Police Station and charge sheet submitted - Entire evidence available with the applicant - No illegality in impugned order...........
Criminal Procedure Code, 1973, Section 202 -- Postponement of process - Court prima facie satisfied as to existence of offence - Court can straight away proceed from S.200 - Passing through S.202 for directing further investigation and postponing issue of process not compulsory - When one accused resides outside territorial jurisdiction of Court then Court can enquire into..........
Criminal Procedure Code, 1973, Section 202, 156(3) -- Complaint case - Once Magistrate takes cognizance of an offence, he cannot order investigation under Section 156(3) - Section 156(3) is to be resorted to before taking cognizance, whereas Section 202 of the Code is to be invoked after cognizance is taken after the complaint but before issuance of process...........
