Criminal Procedure Code, 1973, Section 190, 482, Contract Labour (Regulation and Abolition) Act, 1970, Section 2(g), 23, 24 -- Violation of Rules - Complaint thereagainst - Quashing of - In the whole complaint there is no specific allegation against petitioners that they are the persons responsible for supervision and control of the establishment at Ranchi - Compliance of..........
Criminal Procedure Code, 1973, Section 190, 468(2)(b), Companies Act, 1956, Section 159, 162, 220 -- Cognizance of offences - Bar u/s 468(2)(b) - Applicability - Accused alleged to have committed offences u/ss 159, 162 and 220 of the Companies Act, 1956 - Cognizance after 11 years - Held, offence alleged in complaint against petitioner is not a continuous wrong - Bar to..........
Criminal Procedure Code, 1973, Section 245, 246, 190, 204 -- Complaint case - Rejection of application u/s 245(2) Cr.P.C. - After rejection of application Court cannot straighway proceed to frame charge - Before framing charge Court has to record evidence - It is only on the basis of evidence that Magistrate has to decide as to whether there is a ground to presume that the..........
Criminal Procedure Code, 1973, Section 482, 397, 190 -- Inherent powers - Exercise of - Held, when there is a remedy available under provisions of the Code then an accused has no right to invoke inherent powers of High Court on ground that provision for revision would not bar him from approaching High Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 190, 200 -- Second complaint - On same fact - Can be entertained only in exceptional circumstances i.e. where the previous order was passed on incomplete record or misunderstanding of the nature of the complaint or it was manifestly absurd, unjust or where new facts which could not, with reasonable diligence, have been brought on..........
Criminal Procedure Code, 1973, Section 190, 195(1), 182, 211, 499 - - Cognizance of offences - Powers of Magistrate - Bar u/s 195(1) of Cr.P.C. - After registration of FIR respondents had applied for anticipatory bail wherein some other judicial proceedings also took place - After grant of bail complaint was filed and therefore proceedings before court within meaning of..........
Criminal Procedure Code, 1973, Section 190 -- Order of cognizance - Not an interlocutory order...........
Criminal Procedure Code, 1973, Section 173(2), 156(3), 190, 200, 202 -- Powers of Magistrate - Receipt of final report - Held, Magistrate can take cognizance on original complaint, where investigation u/s 156(3) was earlier ordered and record statement of complainant and witnesses as provided u/s 200 and can conduct an inquiry - In that inquiry Magistrate can direct..........
Criminal Procedure Code, 1973, Section 173(2), 190, 200 -- Second Complaint - Maintainability - Held, if Magistrate accepts report and drop proceedings after granting opportunity to complainant, though complainant can thereafter file a second complaint it will lie only if there was a manifest error or manifest miscarriage of justice in previous order or there is any..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - List of documents - Non-filing of documents mentioned therein - Judicial mind - Application of - A perusal of order passed by Magistrate while taking cognizance of complaint do reveal that Magistrate has applied his judicial mind to entire allegations contained in complaint and only thereafter being..........
