Criminal Procedure Code, 1973, Section 190 -- Cognizance - Court, having jurisdiction, takes cognizance of an offence, when it neither dismisses the complaint nor refers it for further investigation, and instead notices that allegations in the complaint, prima facie point towards commission of an offence, and on such awareness consciously proceeds further, leading to..........
Criminal Procedure Code, 1973, Section 190(1)(a) -- Cognizance of offence - Complaint filed otherwise than on a police report - Order sheet of Magistrate, summoning the accused must show that she has applied her mind to allegations - However, Magistrate need not pass either a detailed and elaborative order or write the words `cognizance taken' - Stage of taking cognizance..........
Indian Penal Code, 1860, Section 500, 501, Criminal Procedure Code, 1973, Section 199(1) -- Offence u/ss 500, 501 IPC - Court can take cognizance upon a complaint made by some person aggrieved by the offence and not on the basis of final report filed by police...........
Criminal Procedure Code, 1973, Section 173(2) -- Final Report - When on consideration of report made by Officer incharge of a police station u/s.173(2)(i)(g) of Cr.P.C. if Magistrate is not inclined to take cognizance of offence or that Magistrate decides not to take cognizance of offence or takes a view that there is no sufficient ground for proceeding against some of..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Retirement from service - As per S.19 of the Act for taking cognizance of offence under the PC Act it is necessary for public servant to remain in service - In the instant case, on date of taking cognizance the petitioner was not in service as he had retired, hence there was need to seek..........
Criminal Procedure Code, 1973, Section 73 -- Issuance of warrants of arrest - Before Magistrate/Court has taken cognizance of any offence, power of issuance of warrants of arrest under any provision of Cr.P.C. on an application of a police officer, cannot be invoked by Magistrate as a routine manner...........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - While passing summoning order, Court taking cognizance of offence is required to take into consideration as to whether a prima facie case has been made out or not...........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - Summoning power to be exercised by Court after examining nature of allegations made in complaint and the evidence both oral and documentary in support thereof...........
Criminal Procedure Code, 1973, Section 482, Foreign Contribution (Regulation) Act, 2010, Section 23, 4 -- Quashing of FIR - Offence u/ss 23, 4 of FCRA - High Court while allowing petition u/s 482 Cr.P.C recorded findings on several disputed facts - Defence of accused is to be tested after appreciating evidence during trial - Assessment made by High Court at the stage when..........
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...........
