Criminal Procedure Code, 1973, Section 200, Judges (Protection) Act, 1985, Section 3(1) -- Complaint against Magistrate - Protection u/s 3 of Judges Act - Complainant is not an Authority as provided u/s 3(2) of Judges Act - Judicial Magistrate First Class could not have entertained complaint filed by complainant as against Magistrate/respondent - Complaint quashed...........
Drugs and Cosmetics Act, 1940, Section 32, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 193, 200, 202 -- Complaint u/s 32 of Act of 1940 - When complaint u/s 32 is filed either by the Inspector or by the Authorized Gazetted Officer being public servants u/s 200, the Magistrate is exempted from examining the complainant and witnesses...........
Criminal Procedure Code, 1973, Section 200 -- Complaint by public servant - Examination of public servant - If Magistrate has reason to believe that even a public servant acting in discharge of his official duties should be examined in a particular case to guard against false implication and prosecution of innocent persons, he has every power to direct examination of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 177, 181, 193, 200, 120B -- Third bail application - Cheating - Application for bail filed after police submitted second closure report - No offence has been committed by appellant as per second closure report - Merely because trial Court was yet to accept said report, High Court ought not to..........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint - Maintainability - Earlier complaint dismissed as no prima facie case was made out - Earlier complaint was not disposed of on any technical ground - Material adverted to in the second complaint was only in the nature of supporting material - Material relied upon in the second complaint was not such which..........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Issuance of process - At the stage of issuing process Court is not expected to examine and assess in detail material placed on record - Whether prima facie cognizable offence is disclosed or not, has to be seen...........
Criminal Procedure Code, 1973, Section 200 -- Negative report by police - Accepted by Court - Launching of complaint after 27 years - Complaint abuse of process of Court - Complaint dismissed...........
Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Criminal Procedure Code, 1973, Section 200, 190 -- Medical negligence - Private complaint against doctor - Private complaint should not be entertained against a Doctor unless complainant has produced prima facie evidence in the form of clear opinion by a competent Doctor in the same field to support a charge of rashness or negligence - Even a police officer cannot proceed..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Accused can be summoned on the basis of affidavit of complainant - Complainant is not required to be examined on oath for taking cognizance of complaint...........
