Criminal Procedure Code, 1973, Section 406 -- Criminal case - Transferred from Court of Judicial Magistrate to Family Court, as per prayer made in the application for transfer of case - Family Court cannot deal with a criminal complaint for an offence under Indian Penal Code - A wrong order of Court cannot be allowed to stand on the ground that one of the parties invited..........
Criminal Procedure Code, 1973, Section 362 -- Modification of judgment - There is no specific direction to pass any particular order and the matter has been left to discretion of authorities who are supposed to go into the details, both on factual and legal aspects and then pass a reasoned order - No occasion to modify judgment and order...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - Discharge - At the stage of framing of charge, sufficiency of materials for the purpose of conviction is not the requirement and a prayer for discharge can be allowed only if Court finds that materials are wholly insufficient for purpose of trial...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - Discharge - When there are materials raising strong suspicion against an accused, Court will be justified in rejecting prayer for discharge and in granting an opportunity to prosecution to bring on record entire evidence in accordance with law so that case of both the sides may be considered..........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint - Non-appearance or death of complainant - If complaint is dismissed for non-appearance or death of complainant, after appearance of accused on service of summons or otherwise, same amounts to acquittal of accused u/s 256 Cr.P.C - Therefore, remedy of complainant is to file an appeal as provided u/s..........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint - If complaint is dismissed for non-payment of process fees or other fees dealt with in S.204(4) Cr.P.C, same is not an appealable order - Said order is revisable...........
Criminal Procedure Code, 1973, Section 2(h) -- Investigation - Consists generally of the steps viz. (1) Proceeding to the spot, (2) Ascertainment of the facts and circumstances of the case, (3) Discovery and arrest of the suspected offender, (4) Collection of evidence relating to the commission of the offence which may consist of (a) the examination of various persons..........
Criminal Procedure Code, 1973, Section 173(2), 2(h) -- Investigation - Formation of opinion as to whether or not there is a case to place the accused on trial - It is that of the officer in charge of the police station...........
Criminal Procedure Code, 1973, Section 156(3) -- Power of Magistrate to order investigation u/s 156(3) Cr.P.C. is very wide and he has the authority to ensure that a proper investigation by the police takes place...........
Criminal Procedure Code, 1973, Section 173 -- Final report - Closure report - Court disagreed with the report but did not take cognizance of offence - The only other option available to Court was to direct further investigation - However, no such specific direction was given - Held, by issuing a direction to I.O. to take further action in accordance with law, Court meant..........
