Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Even suspicion based on material on record is sufficient to ask accused to face trial...........
Criminal Procedure Code, 1973, Section 190, 173 -- Cognizance of offence - Rejection of final report - Magistrate while dealing with final report in a criminal case is not competent to take into consideration extraneous material at the time of taking cognizance straightaway on protest petition without following procedure prescribed under Chapter XV Cr.P.C. - Evidence which..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Court, having jurisdiction, takes cognizance of an offence, when it neither dismisses the complaint nor refers it for further investigation, and instead notices that allegations in the complaint, prima facie point towards commission of an offence, and on such awareness consciously proceeds further, leading to..........
Criminal Procedure Code, 1973, Section 190(1)(a) -- Cognizance of offence - Complaint filed otherwise than on a police report - Order sheet of Magistrate, summoning the accused must show that she has applied her mind to allegations - However, Magistrate need not pass either a detailed and elaborative order or write the words `cognizance taken' - Stage of taking cognizance..........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - While passing summoning order, Court taking cognizance of offence is required to take into consideration as to whether a prima facie case has been made out or not...........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - Summoning power to be exercised by Court after examining nature of allegations made in complaint and the evidence both oral and documentary in support thereof...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Issuance of process - At the stage of issuing process Court is not expected to examine and assess in detail material placed on record - Whether prima facie cognizable offence is disclosed or not, has to be seen...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 376B -- Order taking cognizance of offence - Rape - Trial Court passed a detailed reasoned order considering each and every aspect of matter - Cognizance of offence taken by Magistrate after he was satisfied that prima facie case is made out and summoned the applicants in exercise of power..........
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 -..........
Criminal Procedure Code, 1973, Section 154, 190 -- Three FIRs - Cognizance of offence taken of second FIR - Complainant earlier and later to present FIR on same facts lodged an FIR and matter was compromised in both the FIRs and complainant agreed with negative final report as filed by police - Police also submitted negative final report in present FIR - However, Court..........
