Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Criminal Procedure Code, 1973, Section 200, 190 -- Medical negligence - Private complaint against doctor - Private complaint should not be entertained against a Doctor unless complainant has produced prima facie evidence in the form of clear opinion by a competent Doctor in the same field to support a charge of rashness or negligence - Even a police officer cannot proceed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - As per the case of prosecution, petitioner given a severe blow to old age person of 71 years, but the fact remains that there is cross version also and a private complaint to that effect is pending before the Court of competent jurisdiction - Out of total 14..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195(1)(b)(i) -- Private complaint u/s 193 IPC - Offence u/s 195(1)(b)(i) Cr.P.C. punishable u/s 193 IPC - Cognizance of offence cannot be taken on the basis of private complaint...........
Criminal Procedure Code, 1973, Section 156(3) -- FIR - Registration of FIR on the direction of Executive Magistrate - Not permissible - Executive Magistrate has no role to play in directing police to register an FIR on basis of private complaint lodged before him - If complaint is lodged before Executive Magistrate regarding an issue over which he has administrative..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife levelled repeated allegations of adultery against husband - Private Complaint u/s 494 IPC was also filed by wife against husband - However, husband discharged from said charge by trial Court in criminal proceedings - Allegations not found true by civil Court, which was not proved..........
Criminal Procedure Code, 1973, Section 202 -- Summoning of accused - Private complaint - At the stage of summoning accused, all that is required is satisfaction by Magistrate that there is sufficient ground to proceed against accused in the light of records made available and evidence adduced by complainant...........
Criminal Procedure Code, 1973, Section 190, 210 -- Cognizance of offence - Private complaint - Offence under SC/ST case - I.O u/s 173 Cr.P.C. submitted its closure report in the fate of further investigation, as offence being not made out against accused - Magistrate without pronouncing any order thereon nor upon objections reared by complainant, rather proceeded to take..........
Criminal Procedure Code, 1973, Section 173 -- Protest petition/private complaint - Once protest petition/private complaint taken on record by taking Sworn Statements of PW1 to PW3, Magistrate should have proceeded to consider matter on merits and disposed of same after examining witnesses by issuing summons to accused - Magistrate, however, taken a route of S.468 Cr.P.C..........
Criminal Procedure Code, 1973, Section 468, 473, 173 -- Bar u/s 468 Cr.P.C. - Belated protest petition/private complaint - No notice admittedly sent to de facto complainant, at the time of referring matter by sending referring report to Magistrate - Only on insistence of de facto complainant that too pursuant to direction given by this Court, such a notice has been given..........
