Criminal Procedure Code, 1973, Section 200, 202 -- Accused has no locus standi till summons or process is issued to him...........
Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Final report and protest petition - Police after investigation filed final report - Complainant filed protest petition - Magistrate accepted final report and dismissed protest petition - Held, that prima facie offences are disclosed on the basis of allegations made in the FIR - Held, that Magistrate has to follow..........
Criminal Procedure Code, 1973, Section 190, 200, 202, 156(3) -- Complaint - Magistrate u/s 156(3) can order police to investigate - On receiving police report Magistrate may take cognizance - Magistrate is not bound by the opinion of the IO and is competent to exercise his discretion in this behalf, irrespective of the view expressed by police in its report and decide..........
Criminal Procedure Code, 1973, Section 202(2) -- Proviso - Complaint - Offence exclusively triable by Court of Sessions - Investigation by police cannot be ordered - Magistrate has no discretion except to call upon the complainant to produce all his witnesses and examine them on oath...........
Criminal Procedure Code, 1973, Section 202, 195, 340, Indian Penal Code, 1860, Section 191, 193, 209 -- Offences u/ss 191, 193 & 209 IPC - Issuance of summons - Validity of - Held, S.340 of the Code prescribes procedure to be followed for offences mentioned in S.195 of the Code - Court could not have taken cognizance of offence allegedly committed by petitioner u/s 193 r/w..........
Criminal Procedure Code, 1973, Section 202 -- Evidence at the stage of S.202 Cr.P.C. not to be evaluated minutely and meticulously like trial - Only this much has to be seen whether prima facie commission of offence is disclosed or not...........
Criminal Procedure Code, 1973, Section 202(As, 203, 204 - - Dishonour of cheque - Complaint - Procedure to be followed by Magistrate explained in detail...........
Criminal Procedure Code, 1973, Section 202(1), 190, 465 -- Enquiry u/s 202 CrPC - Objection as to - Delay - Held, objection, if any, with respect to the enquiry u/s 202 of CrPC should be taken at the earliest - Delay would be fatal...........
Criminal Procedure Code, 1973, Section 202(1) -- Powers of Magistrate - Exercise of - Held, language of S.202 (1) Cr.P.C. is couched in such a form that there is nothing to indicate that once Magistrate has conducted an enquiry into the case himself, he cannot thereafter follow next alternative i.e. direct an investigation or vice versa...........
Criminal Procedure Code, 1973, Section 200, 202, 203, 204 -- Protest petition - Summoning of accused - Protest petition filed by respondent No.2 was treated to be a complaint followed by recording of statement u/s 200 Cr.P.C. and thereafter of witnesses u/s 202 Cr.P.C. - However, Special Judge clearly ignored statement recorded by him and summoned applicants on basis of..........
