Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Final report and protest petition - Police after investigation filed final report - Complainant filed protest petition - Magistrate accepted final report and dismissed protest petition - Held, that prima facie offences are disclosed on the basis of allegations made in the FIR - Held, that Magistrate has to follow..........
Criminal Procedure Code, 1973, Section 190, 200, 202, 156(3) -- Complaint - Magistrate u/s 156(3) can order police to investigate - On receiving police report Magistrate may take cognizance - Magistrate is not bound by the opinion of the IO and is competent to exercise his discretion in this behalf, irrespective of the view expressed by police in its report and decide..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 200, 561A - - Second complaint - Maintainability - First detailed complaint dated 04.07.2006 and second detailed complaint dated 24.03.2007 in substance are two FIRs - On basis of first FIR i.e. complaint dated 04.07.2006, detailed investigation has been conducted and concluded sidelining same and concealing same,..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Proprietorship concerned - Power of attorney holder - Sworn statement of attorney holder - Power of attorney holder can be examined as the complainant when he is personally aware of the transactions, and the complaint is signed by the attorney holder on..........
Criminal Procedure Code, 1973, Section 199, 200, Indian Penal Code, 1860, Section 500 -- Defamatory report - Private complaint thereagainst - Defamatory report against a former minister and complaint company - Complaint company alone filed private complaint against accused - Minister didn't initiate any criminal proceeding against accused - Maintainability of - Held,..........
Criminal Procedure Code, 1973, Section 482, 199, 200, 311 -- Defamatory report - Private complaint - Quashing of - Failure to cite former minister who is a material witness in the list of witnesses by respondent-company - Held, it is always open for them that at any time before judgment is delivered by trial court to file additional list of witnesses or to invoke..........
Criminal Procedure Code, 1973, Section 200, 202, 203, 204 -- Protest petition - Summoning of accused - Protest petition filed by respondent No.2 was treated to be a complaint followed by recording of statement u/s 200 Cr.P.C. and thereafter of witnesses u/s 202 Cr.P.C. - However, Special Judge clearly ignored statement recorded by him and summoned applicants on basis of..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Provision of S.145 of the Act is an exception to the normal rule as envisaged in S.200 of Cr.P.C. that the complainant would be required to give his evidence by appearing in person and by making statement on oath before the Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 191, 192, 193, 196, 197, 200 -- Offence u/ss 191, 192, 193, 196, 197 & 200 IPC - Quashing of proceedings - Running of course without approval of All India Council for Technical Education - Prior approval not required for running new technical courses - No offence made out - No mens rea involved in..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Evidence on affidavit by the complainant - Sufficient compliance as provided in S.200 Cr.P.C. - Personal appearance of complainant for his examination not required...........