Indian Penal Code, 1860, Section 406, 419, 420, 120B, Criminal Procedure Code, 1973, Section 202, 203, 204, 482 -- Oral agreement to sell - Taking place in 2002 but payments made in 2000 - Self contradictory - No offence made out even if allegations made in complaint are accepted to be true and correct - Complaint and order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Offence exclusively triable by Court of Sessions - All witnesses of complainant to be examined - Summoning order without recording evidence of all witnesses of complainant is illegal and not sustainable - Summoning order quashed...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Complaint - Police investigation - Magistrate can order investigation u/s 156(3) before taking cognizance - In that event Magistrate is not to examine the complainant - Police can investigate only on recording an FIR as indicated in S.154 Cr.P.C. - Even if Magistrate does not say in so many words to register an FIR even..........
Criminal Procedure Code, 1973, Section 200, 202 -- Complaint - Death of complainant after recording his statement but before order of summoning is passed - Complaint cannot be dismissed outrightly - Since complainant is represented by a pleader and it is for Magistrate to decide whether attendance of complainant is necessary - It is discretion of Magistrate to dispense..........
Criminal Procedure Code, 1973, Section 202, 204 -- Inquiry u/s 202 Cr.P.C. is of limited nature - The limited purpose is to find out whether or not there is sufficient ground for proceeding against the accused...........
Criminal Procedure Code, 1973, Section 246, 202, 204 -- Charge - Complaint - Evidence contemplated is the evidenced let in after process is issued - Statement recorded at the stage of inquiry u/s 202 cannot be looked into at that stage as the accused had no right or opportunity of cross examination - Any evidence that has been recorded at a stage when the accused has no..........
Criminal Procedure Code, 1973, Section 203, 200, 202 -- Complaint - Cognizance when taken without any material against accused - Remedy lies not u/s 203 Cr.P.C. but under S.482 of the Code...........
Criminal Procedure Code, 1973, Section 156, 202 -- CBI investigation - Magistrate cannot order investigation by CBI - Power to order investigation by CBI vests only in High Court and Supreme Court - Order of Magistrate as to investigation by CBI set aside - Looking to the special circumstances of the case matter referred to CB, CID for investigation...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Does not necessarily mean an enquiry by examining witnesses produced by complainant - Enquiry is not limited to any particular form - Magistrate is competent to look into even police records - Enquiry is not to be so detailed as to anticipate a full fledged trial - Complainant and accused have no right to..........
Criminal Procedure Code, 1973, Section 202, 200 -- Complaint - Enquiry - Accused has no right to take part in proceedings at that stage - Magistrate cannot put questions to witnesses at the instance of person shown as accused against whom process had not been issued...........
