Criminal Procedure Code, 1973, Section 200, 202, Indian Penal Code, 1860, Section 394, 504, 341 -- Complaint - Offence of robbery - Requires investigation by police - In absence of evidence of recovery it would be difficult to establish the charge u/s 504 IPC - Magistrate instead of taking cognizance himself should have sent the complaint for investigation by police u/s..........
Criminal Procedure Code, 1973, Section 200 -- Complaint - A product of fraud and a total abuse of the process of Court - Serious doubt as to whether procedure required under Cr.P.C. was really followed by magistrate at all while taking cognizance of the offence - Held, a fraudulent act even in judicial proceedings cannot be allowed to stand - All actions taken in complaint..........
Criminal Procedure Code, 1973, Section 156, 200, 202 -- Cognizance by Magistrate - Complaint - Complaint sent to police for investigation - Police after investigation sending its final report stating complaint to be false - Magistrate can take cognizance of offence - Investigation is the exclusive domain of the police - Taking of cognizance of the offence is an area..........
Prevention of Corruption Act, 1988, Section 5, Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Private complaint that accused amassed wealth disproportionate to his known sources of income - Local standi - Private complaint is maintainable - Any person can set or put the criminal law into motion except where the statute enacting or creating an offence..........
Prevention of Corruption Act, 1988, Section 5, Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204, 156(3) -- Private complaint that accused amassed wealth disproportionate to his known sources of income - At this stage Court is not expected to see whether allegations are likely to be proved by materials produced before the Court - Preliminary enquiry into the..........
Criminal Procedure Code, 1973, Section 190, 200, Indian Penal Code, 1860, Section 498A, 409, 506 -- Complaint u/s 406, 498A, 506, 34 IPC - Accused summoned - After recording pre-charge evidence accused charge sheeted - After framing of charge accused requested for recall of PWs for further cross examination - On failure of Complainant to produce PWs despite grant of..........
Criminal Procedure Code, 1973, Section 190, 200, 202 -- Police report that no case is made out - Even then Magistrate can take cognizance and in such event procedure u/ss 200, 2002 need not be followed...........
Criminal Procedure Code, 1973, Section 200, 204 -- Summons - Omission to specify offence and relevant provision of statute in summons - Does not render proceedings void, when those particulars are mentioned in complaint...........
Criminal Procedure Code, 1973, Section 200 -- Market fee - Evasion - Complaint by Secretary - When Market Committee by resolution duly passed, has authorised Secretary to lodge complaint on behalf of Market Committee then complaint lodged by Secretary pursuant to such resolution is competent...........
Criminal Procedure Code, 1973, Section 200, 202, 156(3), 155(2) -- Complaint - Reference to police for investigation - When allegations in complaint do not disclose any offence, complaint has to be thrown out and entertaining of such complaint also does not arise...........
