Criminal Procedure Code, 1973, Section 190, 200 -- Complaint - Issue of process - When person files complaint and supports it on oath, rendering himself liable to prosecution and imprisonment if it is false, he is entitiled to be believed unless there is some apparent reason for disbelieving him and he is entitiled to have person against whom he compants, brought before..........
Criminal Procedure Code, 1973, Section 190, 200 -- Complaint - Issue of process - Only condition requisite for issue of process is that complaint's deposition must show some sufficient ground for proceeding - Unless Magistrate is satisfied that there is sufficient ground for proceeding with issue of process, he should not pass order of issue of process - Where complainant,..........
Constitution of India, 1950, Article 226, 32, Criminal Procedure Code, 1973, Section 154, 156, 190, 200 -- Writ - Mandamus - Non-registration of FIR by police despite furnishing information of commission of cognizable offence - Writ can be declined due to no, availing alternative remedy when cause shown in no, registration of offence u/S.154 of Cr.P.C., despite furnishing..........
Constitution of India, 1950, Article 226, 32, Criminal Procedure Code, 1973, Section 154, 156, 190, 200 -- Writ - Mandamus - Even stranger to offence can inform police about commission of any cognizable offence - Failure of police to perform statutory duty can certainly accrue casue of action to stranger to seek writ of mandamus u/Art.226 of Constitution of India...........
Criminal Procedure Code, 1973, Section 156(3), 200, 482 -- Complaint - Directions for investigation by police cannot be given by Magistrate mechanically - If complainant can prove the facts in complaint without assistance of police then Magistrate may proceed with complaint u/s 200 and examine witnesses to be produced by complainant...........
Representation of the Peoples Act, 1951, Section 125A, Indian Penal Code, 1860, Section 181, 193, 199, 200, 417, 468, Criminal Procedure Code, 1973, Section 468, 469, 482 -- Quashing of complaint - Election petition - Limitation - Accused allegedly furnishing false education qualification information before Returning officer by submitting false affidavit - Affidavit of..........
Criminal Procedure Code, 1973, Section 200 -- Examination of complainant and witnesses - Not an empty formality - Real object behind the same is to ascertain whether the case against accused is supported by prima facie materials or not...........
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 340 -- False evidence - Mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution u/ss 199, 200 IPC - It must be shown that false statement was given intentionally in the judicial proceedings or false..........
Criminal Procedure Code, 1973, Section 200, 91(1) -- Summon to produce case diary - Private complaint - Where the complainant was clamoring that all the allegations raised by him are discernible from Case diary in another case - In such case, by exercising the powers conferred on Magistrate u/s 91(1) Cr.P.C., Court below was perfectly right in calling Case diary because of..........
Criminal Procedure Code, 1973, Section 156(3), 200, Indian Penal Code, 1860, Section 441 -- Complaint - Criminal trespass - Complainant not able to show prima facie possession on the property - Civil dispute given colour of criminal case - Complaint dismissed by holding that prima face case not made out even for conducting examination u/s 200 Cr.P.C. - Order of dismissal..........
