Criminal Procedure Code, 1973, Section 398 -- Revision - Further inquiry - Sessions Court remanded the matter back to Magistrate with direction for further inquiry - Observation made by Sessions Court were only justification for a remand and same did not amount to taking cognizance...........
Criminal Procedure Code, 1973, Section 156(3) -- Compliant u/s 156(3) Cr.P.C. - Order to record sworn statement of complainant - Shows Magistrate was not prepared to invoke power u/s 156(3) Cr.P.C. - Complainant can very well challenge this order - However, when complainant once furnishes his statement u/s 200 Cr.P.C. then he cannot be heard to say that Magistrate ought to..........
Indian Penal Code, 1860, Section 354A, 354B, 354C, 354D, 406, 506, 504 -- Summoning order - Offence u/ss 354-A, 354-B, 354-C, 354-D, 406, 506, 504 IPC - Allegations made by prosecutrix against accused in FIR supported by her statements u/ss 161, 164 Cr.P.C along with statement u/s 161 Cr.P.C of independent witnesses, by which they have given vivid description about nature..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction for prosecution not required if on date of cognizance an accused continues to be a public servant but in a different capacity or is holding a different office than one alleged to have been abused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Recovery of 180 gms brown sugar - Non-exhibition of report of Central Forensic Laboratory - When question of recovering contraband itself is under serious cloud, it would not be appropriate to take cognizance of such report as same has not been exhibited - No reliance therefore, can be relied upon..........
Criminal Procedure Code, 1973, Section 195 -- Bar u/s 195 Cr.P.C. - Cognizance of offence - Where document has been forged and later on produced in Court, bar created u/s 195 Cr.P.C. would not come into play and Court can take cognizance of offence on basis of complaint filed by petitioner...........
Indian Penal Code, 1860, Section 409 -- Offence u/s 409 IPC - Order taking cognizance of offence - Quashing of order - Petitioner exonerated from departmental inquiry on the very same charges - Magistrate failed to appreciate in correct prospective, the sound and substantial reasons given by police in negative final report and proceeded to take cognizance against..........
Indian Penal Code, 1860, Section 447, 323, 148 -- Order taking cognizance - Legality of - Evidence on record established that while taking cognizance trial Court neither adverted to negative report of police nor to statements of complainant and his witnesses recorded u/s 161 Cr.P.C. which categorically stated that accused were in cultivatory possession of field in question..........
Criminal Procedure Code, 1973, Section 190, 482 -- Dispute essentially civil in nature which is given cloak of criminal offence - Order taking cognizance and issuance of process quashed...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468, 482 -- Offence u/ss 498-A, 406 IPC - Wife turned out of matrimonial home in 2006 and complaint lodged in 2012 - As per S.468 Cr.P.C., complaint was barred by limitation - More so, Investigating Officer gave a negative final report detailing strong and cogent reasons for discarding the..........
