Indian Penal Code, 1860, Section 323, 504, Criminal Procedure Code, 1973, Section 2(d), 190, 200 -- Offence u/ss 323, 504 IPC - Summoning of accused - Investigation was undertaken for no, cognizance offence and charge sheet filed under no, cognizance offences only - Charge sheet therefore, should be treated as a complaint - Order of cognizance as well as summoning order,..........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint on same allegations - Not barred when in first complaint there was no conviction, acquittal or discharge - If dismissal of complaint was not on merit, but on default of complainant, second complaint on same facts is maintainable - But if dismissal of complaint u/s 203 of the Code was on merits, the..........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint on same allegations - Mentioning of reasons for withdrawal of an earlier complaint is not a condition precedent for maintaining a second complaint...........
Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Negative final report - Protest petition filed by complainant - Magistrate treated protest petition as complaint and proceeded with matter under Chapter XV Cr.P.C - It was thus, not obligatory on part of Magistrate to give reasons to differ with report of I.O as Magistrate has to rely upon preliminary..........
Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Where Magistrate decided to proceed under Chapter XV Cr.P.C, it is not obligatory on part of Magistrate to give reasons to differ with report of I.O...........
Criminal Procedure Code, 1973, Section 397, 200 -- Order taking cognizance on complaint after enquiry - Revision against order - Held, revision is maintainable as order passed is intermediatory or quasi final order...........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 420, 406, 120B -- Complaint - Issue of process - Opposite party being aware of sale of land and about deaths of rightful owner executed agreement in order to compel petitioner to part with the money - Moreover, agreement was executed by opposite party in order to use the same as..........
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 482 -- False evidence - Quashing of proceedings - Allegations of not paying tax to Municipal Corporation and making false statement u/ss 199, 200 IPC - As per evidence on record, grievances between complainant and accused is due to removal of accused from post of bursar in church and as such..........
Criminal Procedure Code, 1973, Section 200, 202, 173(2) -- Cognizance of offence - Once cognizance of offence in complaint case is taken then fresh cognizance on basis of police report submitted u/s 173(2) Cr.P.C. cannot be taken...........
Criminal Procedure Code, 1973, Section 200, 202 -- Cognizance of offence - After rejection of final report - Once Magistrate has rejected the final report and registered it as complaint case, then it will be taken as Magistrate has taken cognizance in the said matter...........
