Criminal Procedure Code, 1973, Section 173(8), 173(2) -- Further investigation/re-investigation - Once a cancellation report is submitted, Magistrate can reject the same by giving reasons or refer the matter for further investigation - He also has option of taking cognizance of offence himself - However, question of rejecting cancellation report and sending same back for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Section 420, 406, 471, 120B -- Quashing of proceedings - Cheating - Plea as to lack of consent u/s 6 of Delhi Special Police Establishment Act ought to have raised soon after registration of FIR - Once investigation is complete, charge sheet has been filed and Court of competent jurisdiction..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324, 341, 504, 34 -- Compounding of offences - Offence u/Ss. 324, 341, 504, 34 IPC - National Lok Adalat discharged accused of offence u/Ss. 324, 341, 504, 34 IPC - However, S.324 IPC is a non-compoundable offence and Lok Adalat has no jurisdiction in matters relating to non-compoundable offence -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, Indian Penal Code, 1860, Section 394 -- Cognizance of offence u/s 394 IPC - Cannot be taken only on basis of affidavits of witnesses filed by complainant...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - After addition of charge u/s 394 IPC - When allegation was that witnesses had made certain statements before Police, which was recorded u/s 161 Cr.P.C, it was duty of prosecution to produce all such statements to Court, which was not done - Trial Court was required to call upon Police to..........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - So long cognizance of offence is not taken, a writ or order to quash FIR/charge sheet could be issued u/art 226 of Constitution - However, once a judicial order of taking cognizance intervenes, power u/art 226 of Constitution though not available to..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Cognizance taken by Court on police report and not on written complaint filed by public servant - No court shall take cognizance of any offence punishable under u/s 188 IPC except on complaint in writing made by public servant concerned or of some other public servant to whom he is administratively subordinate,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Modification of a complaint may be permitted where cognizance has not yet been taken and alteration does not alter the essential character of complaint, defect sought to be rectified is one which can be cured through a formal amendment and where such modification does not result..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic Violence - Application u/s 12 of DV Act is not a complaint defined u/s 2(d) of Cr.P.C - Therefore, procedure for taking cognizance u/s 190(1)(a) Cr.P.C. and procedure set out in Chapter XV of Cr.P.C does not apply to application u/s 12 DV Act...........
