Criminal Procedure Code, 1973, Section 156(3), 190 -- Investigation - Magistrate who is empowered u/s 190 Cr.P.C. to take cognizance, alone has power to refer a private complaint for police investigation u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Private compliant - Cognizance of offence - Where contents of private complaint reveal sufficient grounds to invite an offence, mere fact that complainant has sought for relief of forwarding it to police u/s 156(3) Cr.P.C., does not make complaint not maintainable...........
Criminal Procedure Code, 1973, Section 205 -- Private complaint - Exemption from personal appearance - Offence u/ss 420, 406, 34 IPC - Appellants were not residents of place at `M' where proceedings were going on and it was very costly and extremely inconvenient for appellants to appear personally on each date of case - More so, appellants are ready and willing to deposit..........
Criminal Procedure Code, 1973, Section 397 -- Private complaint - Revisional Court directing Magistrate to take cognizance of offence - Such direction is in the nature of putting impediment in judicial discretion exercised by Magistrate - Order held, not proper - Matter remitted back to Magistrate to make further inquiry into complaint and proceed further...........
Criminal Procedure Code, 1973, Section 156(3) -- Public servant - Investigation - Private complaint - Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C., without a valid sanction...........
Criminal Procedure Code, 1973, Section 156(3) -- Private complaint - Direction for Investigation - Offence u/ss 420, 468, 447, 474, 466, 166, 120-B, 34 IPC - Allegation that accused passed the orders for regularization of constructions made by Trust on alleged open spaces in housing colony in violation of rules and regulations - Complaint was accompanied by several..........
Indian Penal Code, 1860, Section 323, 324, 452, 504, 506, 34 -- Private complaint - Offence u/ss 323, 324, 506, 34 IPC - Quashing of complaint - Investigation report u/s 202 Cr.P.C. shows that presence of accused and witnesses of complainant was not proved - Even the place of occurrence was found to be shop of accused and not the house of complainant - Preliminary evidence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has nothing to do with criminal..........
Criminal Procedure Code, 1973, Section 244, 247 -- Private complaint - Pre charge evidence - Accused has valuable right to cross examine witness of complainant at the stage of pre charge evidence - Trial Court as well as Sessions Court committed grave error by not permitting accused to produce document on record and not allowing him to ask questions to witness of..........
Criminal Procedure Code, 1973, Section 372, 378(4) -- Appeal against acquittal - Remedy available to victim : (i) The `complainant' in a complaint-case who is also a `victim' and the `victim' other than a `complainant' in such case, shall have remedy of appeal against acquittal u/s 378(4) only, except where he/she succeeds in establishing the guilt of an accused but is..........
