Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence u/ss 304(Part II) read with S.149 IPC taken at the instance of Addl. Sessions Judge - Held, Addl. Sessions Judge should not have indicated the provisions under which the offence was to be considered - Rather he should have remanded the matter back to the Court below for reconsideration of the same in..........
Criminal Procedure Code, 1973, Section 190, 200, 202 -- Cognizance of offence - While entertaining a protest application procedure envisaged under Chapter XV of Cr.P.C has to be followed and non application of such procedure vitiates the proceeding...........
Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Cognizance taken against one accused - Subsequently took cognizance of offence against all the three accused on the very same facts - Held, when once Magistrate took cognizance of entire offences against one accused only, then he cannot again take cognizance of offences against three accused basing on..........
Criminal Procedure Code, 1973, Section 200, 468 -- Defamation - Private complaint - Cognizance of offence - Magistrate took cognizance on 20.10.2005 - Again took cognizance on 26.07.2008 - Held, it is well-established principle that Magistrate cannot take cognizance on a complaint on two occasions - Therefore, subsequent order dated 26.07.2008 taking cognizance of offence..........
Criminal Procedure Code, 1973, Section 200 -- Cognizance - Held, it is just an application of mind by Magistrate - In order dated 20.10.2005, he has mentioned that he has perused complaint and has taken cognizance - This much of application of mind is sufficient and order taking cognizance is just and proper - There is no necessity for Magistrate to assign reasons for..........
Criminal Procedure Code, 1973, Section 372, 378, 190(a), 200, Negotiable Instruments Act, 1881, Section 138 -- Private complaint - Appeal against acquittal - Held, an appeal against acquittal of accused by complainant in a case instituted on a private complaint u/s.190(a) r/w S.200 Cr.P.C. will not lie u/s.372 Cr.P.C. before Sessions Court but lie before High Court with..........
Criminal Procedure Code, 1973, Section 190, 200, 482 -- Private complaint - Impleadment of stranger - Not permissible - Held, there is no provision in CrPC to implead or intervene any stranger in a case which is instituted upon a private complaint...........
Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 500 - - Defamation - Complaint - Locus standi - Involvement of CM in a case of disproportionate assets and certain mis-doings of Government are essential highlights of write-up - Person most affected by such utterances in writing could be CM himself or his immediate family members but not a person..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence - Magistrate can take cognizance of offence relying upon affidavit filed by complainant - Magistrate not legally required to examine complainant and his witnesses as provided in S.200 Cr.P.C...........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint - Dismissal without recording statement of complainant and his witnesses - Complaint when ex facie does not disclose any cognizable offence, it is not necessary to even record statement of complainant - S.203 Cr.P.C. empowers Magistrate to dismiss complaint even without recording statement of complainant and..........
