Indian Penal Code, 1860, Section 467, 468, 471 -- Offence u/ss 467, 468, 471 IPC - Sale deed in question is genuine and not a forged document - Whether it conveys title to transferee is a legal question to be decided by competent Civil Court - Ss.467, 468, 471 IPC do not get attracted against petitioner - Order taking cognizance quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - No allegation of complainant that any accused has made any representation to him to part with any property - As such for want of any representation, question of any fraudulent or dishonest inducement of complainant does not arise - Moreover, complainant has not parted with any property to accused, nor has he executed sale..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No cognizance can be taken by Magistrate in view of S.198 Cr.P.C, for an offence punishable under Chapter XX IPC except upon a complaint made by some person aggrieved by offence - But it does not include police report u/s 173(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No complaint was made in the case - Charge sheet itself is not maintainable - Cognizance order on basis of charge sheet is thus, vitiated - Impugned order to the extent that while summoning of applicants, Court treated the charge sheet as a complaint case..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of order taking cognizance - Wife received e-mail containing husband's pronouncement of Talak - However, legality of talak is to be examined by competent authority or the Court - Merely due to this fact husband cannot be exonerated from the alleged offence..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making of award - COVID pandemic had commenced even before the expiry of permissible time of 12 months for seeking extension, from the completion of pleadings - Court excluded the period between 15.03.2020 to 28.02.2023 in view of Re: Cognizance for Extension of Limitation case..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Even where quash petition is filed to quash the FIR and a final report is filed, which is taken cognizance, High Court can still exercise its jurisdiction u/s 482 Cr.P.C. and quash the proceedings itself if a case is made out...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court ought to have considered the materials collected during investigation before taking a call on the prayer for quashing of FIR, cognizance order and the proceedings pursuance thereof...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223(1)Proviso -- Cognizance of offence - Proviso of S.223(1) of BNSS mandates that no cognizance of an offence shall be taken by Magistrate without giving an opportunity to accused of being heard...........
