Indian Penal Code, 1860, Section 427, 504, 506, Criminal Procedure Code, 1973, Section 2(d) -- Explanation - Charge sheet filed u/ss 427, 504, 506 IPC - Case not to proceed as a police case as offence u/ss 427, 504, 506 IPC are non cognizable offences - Case to proceed as a complaint case...........
Criminal Procedure Code, 1973, Section 178, 179, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Territorial jurisdiction - Cruelty - Dowry demand - Accused started demanding dowry from deceased within the territorial jurisdiction of trial Court - Deceased was harassed and treated cruelly by accused for bringing insufficient dowry -..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of compliant - S.203 Cr.P.C. consists of two parts: (i) First part lays down the materials which Magistrate must consider; and (ii) second part states that if after considering those materials, there is no sufficient ground for proceeding, Magistrate may dismiss the complaint...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of compliant - While exercising power u/s 203 Cr.P.C., it is incumbent to reflect in the order, basis for arriving at the conclusion that there are no sufficient grounds to proceed with complaint case...........
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..........
