Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate while taking cognizance and issuing summons is required to carefully scrutinize whether allegations made in complaint meet the basic ingredients of offence; whether the concept of territorial jurisdiction is satisfied; and further whether accused is really required to be summoned - This has to..........
Criminal Procedure Code, 1973, Section 190, 202, 204 -- Cognizance of offence - Postponement of issuance of process - Non-conduct of inquiry or direction to conduct investigation by Magistrate though accused residing beyond area of his jurisdiction - Order taking cognizance not sustainable...........
Criminal Procedure Code, 1973, Section 204(4) -- Dismissal of complaint - Court has discretion to dismiss complaint if process-fees or other fees payable are not paid within a reasonable time...........
Criminal Procedure Code, 1973, Section 87(b), 204(1)(b) -- Issuance of warrant - Once accused fails to appear before Court after service of summons and if Court issues warrant, said warrant would be issued only u/s 87(b) Cr.P.C. and not u/s 204(1)(b) Cr.P.C. - As ground for issuing warrant u/s 204(1)(b) Cr.P.C. is distinct and different from the ground for issuing warrant..........
Criminal Procedure Code, 1973, Section 204(4), 82, 83 -- Complaint case - Process-fee - There is no provision analogous to S.204(5) Cr.P.C. exempting Ss.82, 83 Cr.P.C. from process-fee - Consequently Court has discretion to dismiss complaint u/s 204(4) Cr.P.C. for no, payment of process-fee to issue steps u/ss 82, 83 Cr.P.C...........
Criminal Procedure Code, 1973, Section 204(1)(b), 87(b) -- Complaint case - Legislature never intended to dismiss complaint for no, payment of process-fees after service of summons on accused or after his appearance before Court or after his production before Court...........
Criminal Procedure Code, 1973, Section 204(4) -- Complaint case - Once complainant takes steps and brings accused before Court and thereafter if his presence is to be procured before Court, it is bounden duty of State to do the same...........
Criminal Procedure Code, 1973, Section 204(4), 256(1) -- Dismissal of complaint for non-prosecution - Once the summons have been issued and accused appeared before Court but complainant was not present, accused ought to be acquitted u/s.256(1) Cr.P.C. - Order of dismissal of complaint u/s 204(4) Cr.P.C. is illegal...........
Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Summoning of accused - Powers of Magistrate - Magistrate can issue summons to persons who deliberately and erroneously omitted from being arraigned as accused, on the basis of material available in case diary/police report and by that date case has not been committed to Court of Session...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning order - Revision against - Held, revision is maintainable...........
