Criminal Procedure Code, 1973, Section 203 -- Dismissal of first compliant - Second complaint on the same facts - Maintainability - First complaint not dismissed on merits but due to non examination of witnesses - Second complaint filed and initial statement and statements of witnesses recorded u/s 202 Cr.P.C., Magistrate prima facie found the case and issued process..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Reinvestigation - Prohibited by law and is beyond jurisdictional competence of police as well as subordinate Courts and trial commenced on basis of such reinvestigation is also illegal and nullity...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Reinvestigation - Can only be ordered by constitutional Court in exercise of inherent or constitutional power in exceptional and rare cases...........
Criminal Procedure Code, 1973, Section 482, Companies Act, 1956, Section 210(1) -- Failure to lay balance sheet and profit and loss account in Annual General Meeting which was held in 2005 - Accused/Director of company resigned in 1997 since then he was not acting as Director of company - Other five similar complaints against accused with respect to meetings held on dates..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - There ought to be a high probability of the prima facie case, which would arise against persons who are sought to be arrayed as accused persons, while exercising power u/s 190 of Cr.P.C...........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance - Over implication - One injury caused by 16 persons - It is highly improbable that only one injury can be caused by sixteen persons - Court at the time of taking cognizance has to ensure that persons against whom cognizance is taken shall be taken to a conclusive stage of trial and appropriate judgment would be..........
Criminal Procedure Code, 1973, Section 254 -- Summoning of witnesses - Parties have right to examine any witness - Court can decline to summon a person as a witness but there has to be a reasoning for this...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Not applicable to case where forgery of document is committed before document is produced in a Court...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 420, 471, 468, 467, 109, 34 -- Bar u/s 195(1)(b)(ii) Cr.P.C - Cheating and forgery - Investigating agency prima facie found that Process Server in connivance with two witnesses and petitioners prepared documents outside Court in revenue proceedings - Bar u/s 195(1)(b)(ii) Cr.P.C not..........
