Criminal Procedure Code, 1973, Section 154, 156, 200, 482 -- FIR - Non registration or that a proper investigation is not done by the police - Aggrieved person to approach SSP in writing u/s 154(3) or to approach Magistrate u/s 156(3) Cr.P.C. - Magistrate u/s 156(3) Cr.P.C. can direct police to register FIR and investigation be done - Magistrate can also monitor the..........
Criminal Procedure Code, 1973, Section 154, 156, 200, 482 -- FIR - Non registration or that a proper investigation is not done by the police - Petition u/s 482 Cr.P.C. - Alternative remedy available u/s 154(3), 156(3), 200 Cr.P.C. - Held, alternative remedy is not an absolute bar to a writ petition - However, when alternative remedy is available then High Court should not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(d), 200 -- Dishonour of cheque - Complaint - It is not necessary to insist on personal appearance of complainant invariably in all cases when complaint is presented...........
Criminal Procedure Code, 1973, Section 190, 200, 204, 72, 73 -- Complaint case - Service of summons - In the first instance summons should be served alongwith copy of complaint - If service avoided then bailable warrants should be issued - If accused avoiding Court's proceedings intentionally then non-bailable warrants be issued - Courts to refrain from issuing non..........
Criminal Procedure Code, 1973, Section 200, 202, 477 -- Rules and Orders (Criminal), R.558 - Complaint case - Expenses of witness - Complaint at the stage of S.200 or 202, Cr.P.C. for which the complainant is required to call or produce his witnesses - Held, if he seeks order of Court for this purpose, he has to deposit the expenses - Provision of Rule 558 of the Rules,..........
Criminal Procedure Code, 1973, Section 173, 200, 202 -- Protest petition as complaint - Final report filed - Case diary not perused - Protest petition treated as complaint straightway - When protest petition is treated as complaint then Magistrate has to follow the procedure of complaint case - Without following the prescribed procedure for complaint case and without..........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Complaint - Magistrate while exercising jurisdiction either u/s 156(3) or u/s 200 Cr.P.C. is required to apply his mind and to pose unto himself the question as to whether the complain, even if given face value and taken to be correct in its entirety, would lead to the conclusion that the accused are liable for any..........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Complaint - Magistrate while exercising jurisdiction either u/s 156(3) or u/s 200 Cr.P.C. is required to apply his mind and to pose unto himself the question as to whether the complaint, even if given face value and taken to be correct in its entirety, would lead to the conclusion that the accused are liable for any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -First Proviso (a) - Dishonour of cheque - Complaint by a Govt. company - Examination of complainant on oath - Exemption - For applicability of S.200 1st Proviso (a) complaint should have been filed not only by a public servant who is acting in discharge of his official duties but..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Cognizance of complaint can be taken before recording statement of complainant...........
