Criminal Procedure Code, 1973, Section 210 -- Private complaint and police case in respect of same offence - Stay of inquiry and trial - For grant of stay u/s 210 Cr.P.C, Magistrate in seizing of a private complaint, inquiry or trial of which is pending must be convinced that ongoing investigation by police is in relation to an offence which was subject matter of inquiry..........
Criminal Procedure Code, 1973, Section 210 -- Private complaint and police case in respect of same offence - When complainant and accused are different, though occurrence is same both in police case and complaint case and cases are not related to same offence, S.210 Cr.P.C would not apply...........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195, 482 -- FIR u/s 188 IPC - Complaint in writing not as per S.195 Cr.P.C. - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 20(3) -- Dishonour of cheque - Quashing of complaint - Offence by company - Accused not named as authorised signatory - Court directed accused to file affidavit as to whether he was such authorised signatory or not - Seeking such affidavit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 323 -- Quashing of proceedings - Offence u/ss 498-A, 406, 323 - Court under exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to analyze factual evidence, which is a subject of trial Court - Since complaint discloses offence in question, application for quashing rejected...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by..........
Criminal Procedure Code, 1973, Section 91 -- Summoning to produce documents - Statements of petitioners are sought by way of application - Court below committed error in refusing to summon statements of petitioners as recorded by I.O only on the ground that part pertaining to forcible recording of statements was not corroborated by any kind of complaint being made by these..........
Criminal Procedure Code, 1973, Section 107, 111 -- Show cause notice u/s 111 Cr.P.C - Magistrate has to form an opinion in writing as contemplated by S.111 Cr.P.C and thereafter proceed to issue a show cause notice as contemplated by S.107 Cr.P.C and along with show cause notice annex the opinion - Purpose of law is that noticee is to be made known factual matrix..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Once there is doubt or there are certain questions which need adjudication on appreciation of evidence, High Court should not exercise power u/s 482 Cr.P.C to quash complaint...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance - Cognizance taken on basis of complaint as well as statements recorded u/ss 200, 202 Cr.P.C - Revisional Court while setting aside order of cognizance stepped its jurisdiction in delving deep into the matter at the stage of cognizance - Order of revisional Court per se illegal and deserves to be set aside -..........
