Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 429 -- Order of cognizance - Quashing of - Specific assertion in complaint that petitioner had taken Rs.1500/- as operation charge, whereas in protest petition, complainant asserted that petitioner had taken Rs.15,000/- besides charge of medicine - In complaint, statement was made that at the..........
Criminal Procedure Code, 1973, Section 482, 190(1)(b) -- Protest petition - Taking of cognizance - Quashing of - Protest petition filed by informant stating that within ten days IO submitted final report on the basis of imaginary facts - He has not done investigation thoroughly - This protest petition was supported by an affidavit - Magistrate has rejected final report..........
Indian Penal Code, 1860, Section 182,2011, Criminal Procedure Code, 1973, Section 195(1)(b) -- Enquiry proceeded on the protest complaint - On enquiry, if protest petition is found to be false then Magistrate can proceed for offence committed u/s 211 IPC - Any such prosecution has to satisfy the interdiction covered u/s 195(1) (b) Cr.P.C. - A parallel proceeding on a..........
Indian Penal Code, 1860, Section 498A, 323, 379, 34, 504, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Charge-sheet filed pertaining to offence u/s.498A IPC - Another FIR by complainant u/s. 498A, 323/34, 379/34 and 504IPC and S.4 of DP Act - Police after investigation found allegations false..........
Criminal Procedure Code, 1973, Section 202, 203, 204, 482 -- Protest petition pending against final report - Power to quash proceedings u/s 482 Cr.P.C. cannot be exercised...........
Criminal Procedure Code, 1973, Section 173, 190 -- Second protest petition - Maintainable under special circumstances - In case the first Protest Petition was filed without furnishing the full facts/particulars necessary to decide the case and prior to its entertainable by the Court, a fresh Protest Petition is filed giving full details, the same is maintainable...........
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202, Indian Penal Code, 1860, Section 376, 506 -- Police filed final report - Protest petition also filed - Magistrate has four options : (1) He may agreeing with the conclusions arrived at by the police, accept the report and drop the proceedings - But before so doing, he shall give an opportunity of..........
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202 -- Police filed final report - Protest petition also filed - Magistrate took cognizance neither on the basis of material available in the case diary nor protest petition treated as complaint - Cognizance taken on the basis of affidavits of complainant or the witnesses - Order cannot be sustained - Matter..........
Criminal Procedure Code, 1973, Section 190(1)(b), 227, 245(1), 245(2), Indian Penal Code, 1860, Section 376(2)(g) -- Protest petition rejected and Magistrate took cognizance of offence u/s 376(2)(g) IPC - Order taking cognizance became final - Offence u/s 376(2)(g) IPC is triable by Court of Sessions and Magistrate has no jurisdiction to entertain an application u/ss..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 173 -- Submission of final report - Closure report - Protest petition - Right of complainant - Held, complainant is within in his rights to not only oppose prayer for closure of investigation case but also has to file a protest petition insisting cognizance of offence be taken against accused - Complainant cannot..........
