Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 418, 420, 465, 120B, Prevention of Corruption Act, 1988, Section 19, 34 -- Cognizance of offence in installments - Cheating - Several accused were in the case and some of whom were not public servants - Court proceeded to take cognizance of offences against some of accused in installments, who are..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Not maintainable at instance of complainant after charge sheet is filed and cognizance of offence is taken and process is issued against accused...........
Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 166, 167, 120B -- Public servant - Previous sanction of Govt. not taken before taking cognizance against public servant - Impugned order quashed...........
Criminal Procedure Code, 1973, Section 195(1)(a), Indian Penal Code, 1860, Section 183, 186 -- Cognizance of offence - Offence u/ss 183, 186 IPC - Charge sheet was filed by ASI for the offences u/ss 183, 186 IPC - Taking cognizance of offences u/ss 183, 186 IPC by Magistrate on the basis of charge sheet held, illegal in view of S.195(1)(a) Cr.P.C...........
Indian Penal Code, 1860, Section 332 -- Offence u/s 332 IPC - Order taking cognizance - No clinching material on record for submission of charge sheet u/s 332 IPC - Even, while submitting charge sheet, provision u/r 144(b) of Orissa Police Rules not been followed - Order taking cognizance u/s 332 IPC quashed...........
Indian Penal Code, 1860, Section 294, 506 -- Offence u/ss 294, 506 IPC - Order taking cognizance - Petitioner used obscene language and treating the informant to take his stars - He also threatened to file a complaint case - Available materials on record prima facie makes out offences u/ss 294, 506 IPC - Order taking cognizance against petitioner held, proper...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 167, 120B -- Sanction for prosecution - Offence u/ss 166, 167, 120-B IPC - Sanction of government not taken before taking cognizance against public servant, as mandated by S.197 Cr.P.C. - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Court have power to grant anticipatory bail even in cases where cognizance has been taken or charge sheet has been filed - Issuance of arrest warrants cannot circumscribe the power of Court for favorable consideration of bail application if grounds set out therein are substantial for grant of bail...........
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 70(2) -- Issuance of no, bailable warrant - Court at the first instance cannot issue non bailable warrant - When cognizance is taken by Court, either summons are issued at the first instance or bailable warrant and if accused is not responding to the same, then, Court may resort to issuing non bailable warrant - Order of trial Court..........
