Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 367 -- Cognizance of offence - As per FIR and statement of complainant, grievous hurt was caused at the time of kidnapping - Moreover, once prosecution has accepted that accused has committed offence of causing grievous hurt and kidnapping than ingredients of S.367 IPC are fulfilled - Order of..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 302 -- Order taking cognizance - Murder - Negative final report - Protest petition filed - Statement u/s 161 Cr.P.C. discloses allegations against accused - PWs did not deviate from their previous version given to Police - Even if negative final report was filed by police, at this stage Magistrate..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Court is required not to shift or assess the evidence/statement of the witnesses in detail with a view to find out if it is sufficient for conviction of the accused but is only to find out whether prima facie case regarding commission of offences is made out or not, cannot be said to be without..........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegation against distinct relatives of husband of complainant - Omnibus allegations of demanding money and assault have been levelled against all persons named in complaint - No specific date and time has been given to said incident in the complaint - Only allegation..........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 499 IPC - Trial Court after considering the allegations made in complaint and statement recorded on oath came to conclusion that prima facie a case is made out for summoning the appellant and case was taken on file - If on consideration of the allegations the complaint is..........
Criminal Procedure Code, 1973, Section 200 -- Affidavit - Not substitute of sworn statement on oath - Recording of sworn statement of complainant and his witnesses before taking cognizance is mandatory - Cognizance taken on the basis of Affidavit, held, not proper - Proceedings from the stage of S.200 Cr.P.C. set aside and Magistrate directed to follow the procedure..........
Criminal Procedure Code, 1973, Section 319(1), 4 -- Summoning of additional accused - Whether word "evidence" used in S.319(1) Cr.P.C. could only mean evidence tested by cross-examination or Court can exercise power under said provision even on basis of statement made in examination-in-chief of witness concerned? - Held, considering fact that u/s.319 Cr.P.C. a person..........
Criminal Procedure Code, 1973, Section 190(1)(a), 156(3) -- Police investigation - Held, power u/s.156(3) can be invoked by Magistrate before he takes cognizance of offence u/s 190(1)(a) - Once cognizance of case is taken by Magistrate and verification statement is recorded, then Magistrate cannot revert back to pre-cognizance stage and direct investigation u/s.156(3)..........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Cruelty - Dowry demand - Absence of specific allegation of cruelty or harassment against petitioner Nos.3 to 6 - Statement of witnesses recorded by Magistrate u/s 202(2) Cr.P.C were general in nature -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in lodging complaint - Condonation of delay - While taking cognizance reasons justifying condonation of delay not stated - Held, while entertaining time barred complaint, Court is required to consider complainant's request in the light of his/her statement on oath and any other material..........
