Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Scope of inquiry u/s 202 Cr.P.C is extremely restricted only to finding out truth or otherwise of allegations made in complaint in order to determine whether process should be issued or not u/s 204 Cr.P.C or whether complaint should be dismissed by resorting to S.203 Cr.P.C on the footing that there is..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - At the stage of issuance of process to accused, Magistrate is not required to record detailed orders - But based on allegations made in complaint or evidence led in support of same, Magistrate is to be prima facie satisfied that there are sufficient grounds for proceeding against accused...........
Criminal Procedure Code, 1973, Section 340, 195 -- Forgery or forged document - Mere incorrect statement in vakalatnama would not amount to create a forged document and it cannot be reason for exercising jurisdiction u/s 340 Cr.P.C for issuance of direction to lodge criminal complaint against accused...........
Criminal Procedure Code, 1973, Section 340, 195 -- Forgery - It is necessary before lodging complaint that Court must be satisfied that it was expedient in interest of justice to lodge complaint - Use of actual words of S.340 Cr.P.C not necessary, but Court should record a finding indicating its satisfaction that it is expedient in interest of justice that an enquiry..........
Criminal Procedure Code, 1973, Section 340 -- Two conditions must be fulfilled for entertaining complaint filed u/s 340 Cr.P.C:- (i) that a person has given false evidence in a proceeding before Court; and (ii) it is expedient in the interest of justice to make an inquiry of offence committed by concerned person...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - As per the case of prosecution, petitioner given a severe blow to old age person of 71 years, but the fact remains that there is cross version also and a private complaint to that effect is pending before the Court of competent jurisdiction - Out of total 14..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - In order to see whether any prima facie case against accused for taking cognizance is made out or not, Court is only required to see the allegations made in the complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Mere pendency of civil suit is not an answer to the question as to whether a case u/ss 323, 379 read with S.34 IPC is made out against accused...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - High Court has no jurisdiction to appreciate evidence of proceedings u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Accused can be summoned on the basis of affidavit of complainant - Complainant is not required to be examined on oath for taking cognizance of complaint...........
