Criminal Procedure Code, 1973, Section 154, 190 -- FIR - Cognizable offence - Non recording of FIR - Aggrieved party normally to approach SP who may direct the police officer, subordinate to him, to investigate the same - Can also take recourse to procedure of requesting Magistrate empowered to take cognizance u/s 190 of the Act and pray that a direction be issued for..........
Criminal Procedure Code, 1973, Section 154, 190, 200 -- FIR - Failure to register of a cognizable offence - Aggrieved party can file a complaint u/s 190 r/w S.200 Cr.P.C. - Writ petition seeking direction to police to register FIR cannot be entertained...........
Criminal Procedure Code, 1973, Section 200, 190 -- Complaint in writing by a public servant acting or purporting to act in the discharge of his official duties - Magistrate need not examine the complainant and the witnesses...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Quashing of - I.O. had submitted the Police Report containing materials which he had collected during investigation - Magistrate on receipt of police report had considered the same judicially and being satisfied that a prima facie case is made out for offences had taken cognizance of offences - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 200, 190 -- Dishonour of cheque - Summoning order - Recall of order - Magistrate has no jurisdiction to recall the summoning order - A Magistrate does not have and, thus, cannot exercise any inherent jurisdiction...........
Criminal Procedure Code, 1973, Section 190, 200, 482 -- Cognizance cannot be taken merely on suspicion...........
Criminal Procedure Code, 1973, Section 190, 200, 482 -- Cognizance - Cannot be taken unless there is at least some material indicating the guilt of accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 178, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Cause of action arose within State of Kerala but complaint filed in a Court outside the State of Kerala - Kerala High Court is not competent to quash the complaint or interfere with the proceedings before a..........
Criminal Procedure Code, 1973, Section 173(2), 190 -- CBI (Crime) Manual, 2005, Clauses 6.1 and 19.15 - `Taj Heritage Corridor Scam' - Criminal trial - Investigation by CBI - Investigation of a criminal case on directions of Supreme Court by CBI - Opinion of Investigating Officers and Law Officers that accused be placed for trial - When there was no difference of opinion..........
Prevention of Corruption Act, 1988, Section 13(1)(e), Criminal Procedure Code, 1973, Section 173(2), 190 -- CBI (Crime) Manual, 2005, Clauses 6.1 and 19.15 - `Taj Heritage Corridor Scam' - Investigation of offence conducted by S.P., incharge of Police Station and recommended that accused be placed on trial - S.P. not legally obliged to take opinion of Sr.P.P. - Under..........
