Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Final report and protest petition - Police after investigation filed final report - Complainant filed protest petition - Magistrate accepted final report and dismissed protest petition - Held, that prima facie offences are disclosed on the basis of allegations made in the FIR - Held, that Magistrate has to follow..........
Criminal Procedure Code, 1973, Section 190, 200, 202, 156(3) -- Complaint - Magistrate u/s 156(3) can order police to investigate - On receiving police report Magistrate may take cognizance - Magistrate is not bound by the opinion of the IO and is competent to exercise his discretion in this behalf, irrespective of the view expressed by police in its report and decide..........
Criminal Procedure Code, 1973, Section 145, 146 -- Breach of peace - Order of attachment - Duty of Magistrate - Magistrate has not recorded any finding in impugned order passed u/s 146 that case is one of emergency - Held, merely by mentioning reason that there is an apprehension of breach of peace does not bring matter under `case of emergency' - Magistrate should have..........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Breach of peace - Attachment - Jurisdiction of court - Matter sub-judice in civil court - Attachment order passed by Magistrate u/s 146(1) Cr.P.C. - Legality of - Held, until civil proceedings have achieved finality, proceedings u/s 145 Cr.P.C. as well as attachment order passed by Magistrate u/s 146(1) Cr.P.C., would..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Trial Court dismissed application by holding that defendant was served in the suit and inspite of that he did not choose to appear - However, appellate Court set aside the exparte decree - Interest of plaintiff is not to be prejudiced if the suit is heard on merits in accordance with law -..........
Civil Procedure Code, 1908, Order 26, Rule 10-A, Evidence Act, 1872, Section 45, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Local Commissioner - Second visit - Local Commissioner appointed who submitted his report - As there was subsequent deterioration of premises Local Commissioner again allowed to reinspect the premises for filing..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Merely on the ground that finding of fact is wrong order of acquittal and retrial of accused cannot be ordered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of territorial jurisdiction - Jurisdiction of Court to entertain and try suit arises where cause of action wholly or in part arises - Part of cause of action arose within the jurisdiction of Court - Dismissal of application - Order upheld...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 200, 561A - - Second complaint - Maintainability - First detailed complaint dated 04.07.2006 and second detailed complaint dated 24.03.2007 in substance are two FIRs - On basis of first FIR i.e. complaint dated 04.07.2006, detailed investigation has been conducted and concluded sidelining same and concealing same,..........
Criminal Procedure Code, 1973, Section 482 -- Investigation - Transfer from State Police to CBI - Petition rejected by High Court - High Court cannot review and modify its order and transfer the investigation to CBI - There was no clerical or arithmetical error in the order - In case after passing of the order certain events have occurred, a fresh petition could be made..........
