Criminal Procedure Code, 1973, Section 190, 200, 204 -- Cognizance of offence - Special Judge is not required to permit production of documents at the time of taking cognizance...........
Criminal Procedure Code, 1973, Section 173, 190(1)(b), 156(3) -- Magistrate cannot direct Investigating Agency to submit charge sheet against accused...........
Criminal Procedure Code, 1973, Section 190(1), 173, 482 -- Cognizance of offence - Quashing of order taking cognizance - Summoning of accused by Magistrate on printed proforma without assigning any reason and taking cognizance on police report filed u/s 173 Cr.P.C is objectionable and deserves to be deprecated - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 190, 173, 482 -- Acceptance of protest petition and treating same as complaint case - Protest petition was filed submitting that investigation was conducted in a arbitrary and clumsy manner and another supplementary protest petition was filed - Protest petition was accepted by Special Judge and treating the same as a complaint -..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - If any extraneous material forms part of consideration of Magistrate of Court concerned as incentive for taking cognizance and issuing summons in such matter, then entire proceeding is vitiated and summoning order cannot be sustained in the eye of law...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Rejection of final report - Magistrate while rejecting final report and allowing protest petition, travelled beyond material so collected by I.O and placed reliance on two affidavits filed in support of protest petition, that vitiates entire proceedings - Summoning order passed by Magistrate quashed...........
Criminal Procedure Code, 1973, Section 190, 202 -- Complaint - Mere statement in order that he has gone through complaint, document and heard complainant will not be sufficient - What weighted with Magistrate to order investigation or to take cognizance should be reflected in the order, although a detailed expression of his view is neither required nor warranted...........
Criminal Procedure Code, 1973, Section 190, 202 -- Complaint case - Where complainant is in possession of complete details of all accused and witnesses who have to be examined and neither recovery is needed nor any such material evidence is required to be collected which can be done by police no `investigation' would normally be required and procedure of complaint case..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Magistrate is not bound by final report submitted by I.O, as he can have his own opinion and proceed accordingly...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cognizance of offence - Cheating - Magistrate carefully examined material and evidence collected during investigation which are part of case diary and after prima facie satisfaction had rejected final report and taken cognizance u/s 190(1)(b) Cr.P.C - No infirmity in..........
