Criminal Procedure Code, 1973, Section 473 -- Limitation - Magistrate after expiry of period of limitation cannot take cognizance especially in absence of explanation u/s 473 Cr.P.C...........
Criminal trial -- Quashing of proceedings by trial Court - At the stage of taking cognizance or at the stage of framing of charge - Parameters applicable to quash proceedings u/s 482 Cr.P.C. are available to trial Court to take a decision as to whether initiation or continuation of criminal proceedings is justified or not...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance - Cognizance taken on basis of complaint as well as statements recorded u/ss 200, 202 Cr.P.C - Revisional Court while setting aside order of cognizance stepped its jurisdiction in delving deep into the matter at the stage of cognizance - Order of revisional Court per se illegal and deserves to be set aside -..........
Criminal Procedure Code, 1973, Section 154, 190 -- Three FIRs - Cognizance of offence taken of second FIR - Complainant earlier and later to present FIR on same facts lodged an FIR and matter was compromised in both the FIRs and complainant agreed with negative final report as filed by police - Police also submitted negative final report in present FIR - However, Court..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act done in performance of public duty - Even otherwise, complaint is lodged on the next date as a counter blast to proceedings initiated by petitioner for removal of encroachment on public land - Sanction u/s 197 Cr.P. a prerequisite for taking cognizance against petitioner...........
Arms Act, 1959, Section 39, 3 -- Offence u/s 3 of the Act - Sanction of District Magistrate is a pre-condition for initiating prosecution against a person u/s 3 of the Act - Without a sanction being produced by prosecution, Court ought not to have taken cognizance on final report...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Once Magistrate takes cognizance of offence, he cannot thereafter order for an investigation u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Direction for registration of FIR - Power to direct investigation by police u/s 156(3) Cr.P.C is done at pre-cognizance stage and enquiry or investigation ordered u/s 202 Cr.P.C is done at post cognizance stage...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 415 -- Quashing of order - Order taking cognizance - Offence u/s 415 IPC - Trial Court took cognizance upon protest petition - While allowing protest petition, trial Court examined CW1 to CW4, who have narrated all ingredients, which prima facie disclose offence for which Court below has taken..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Condonation of delay - At the stage of taking cognizance, it is not necessary for Court to issue notice to accused and hear accused before condoning delay in filing complaint...........
