Criminal Procedure Code, 1973, Section 156, 200, 190 -- Complaint - Without recording preliminary evidence Magistrate can send the complaint to police for investigation - If Magistrate takes cognizance by recording preliminary evidence he may still refer the complaint to police u/s 202 Cr.P.C...........
Employee's Provident Funds and Miscellaneous Provisions Scheme, 1952, Section 14AC, Criminal Procedure Code, 1973, Section 200 -- Provident Fund - Non payment of contribution - Complaint presented by Enforcement Officer - As Enforcement Officer is authorised to deal with such matters, complaint filed by him is competent...........
Criminal Procedure Code, 1973, Section 156, 173, 190, 200 -- Complaint - Sent to Police for investigation - Receipt of police report - Magistrate can (i) drop action (ii) May take cognizance of offence; (iii) may examine upon oath the complainant and his witnesses u/s 200 Cr.P.C. and may hold or direct an inquiry u/s 202 and thereafter to issue process or to dismiss..........
Criminal Procedure Code, 1973, Section 156(2), 200 -- Scope of application under Section 156(3) Cr.P.C. and that of complaint are different...........
Criminal Procedure Code, 1973, Section 169, 173, 200 -- Final report submitted - Magistrate if decides not to take cognizance and drop the proceedings it is incumbent upon the Magistrate to give notice to the informant i.e. complainant and provide him an opportunity to be heard at the time of consideration of the report...........
Criminal Procedure Code, 1973, Section 169, 173, 200 -- Final report submitted - Where investigating agency recommends for closure of case on account of insufficiency of evidence or offence not having been made out, Magistrate is required to not only give reasons for not agreeing with report but also to refer to evidence and material on which he proposes to take..........
Criminal Procedure Code, 1973, Section 200 -- Pre-charge statement - Cannot be taken into account if witness is not examined after framing of the charge...........
Criminal Procedure Code, 1973, Section 200, 202 -- Complaint - Magistrate by recording preliminary evidence cannot be said to have taken cognizance of the offence...........
Criminal Procedure Code, 1973, Section 202, 156(3), 200 -- Complaint - Preliminary evidence recorded - Thereafter report of SHO called - Held, by recording preliminary evidence Magistrate cannot be said to have taken cognizance of the offence - Before issuance of process by Magistrate it cannot be concluded that cognizance has been taken by him because he has yet to make..........
Indian Penal Code, 1860, Section 504, Criminal Procedure Code, 1973, Section 200 -- Offence u/s 504 IPC - In complaint it must be alleged that the words, gestures were made by accused with intention of insulting the complainant and that these were sufficient enough to give provocation to complainant to such an extent which would make him to commit the breach of public..........
