Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d) -- Continuing unlawful activity - Requirement of cognizance of two earlier offences - Cognizance contemplated is of offence and not of offender...........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d) -- Continuing unlawful activity - Requirement of earlier two charge-sheets should have been filed and taken cognizance of in preceding 10 years - Meaning of expression `an activity prohibited by Law' in S.2(1)(d) of the Act clearly shows that relevant date for counting 10 years' is date of third activity...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 188, 166 -- Sanction for prosecution - Dereliction of duty by not registering the FIR in time on the basis of complaints forwarded by Court u/s 156(3) Cr.P.C. - Order taking cognizance is illegal in absence of prior prosecution sanction...........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 2(d) -- Cheating - FIR registered by Inspector of Police attached to Lokayukta Police Station on the basis of facts published in the newspaper - An inspector of police who is on deputation to Lokayukta has got every power u/s 2(d)..........
Air (Prevention and Control of Pollution) Act, 1981, Section 22, 43 -- Emission of air pollutant - Illegal running of iron-ore industry - As per S.43(1) of the Act Board could delegate the power to take cognizance of offence and file complaint to Chairman of the Board - In absence of any provision u/s.43 of the Act for further delegation of power, Chairman of the Board,..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - All suits of civil nature can be entertained by Civil Courts except suits of which their cognizance is either expressly or impliedly barred...........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 295A -- Sanction for prosecution - Offence u/s 295A IPC - Sanction u/s 196 Cr.P.C. is mandatory and no Court has authority to take cognizance except with previous sanction of State Government - Order taking cognizance of offence u/s 295A IPC, without obtaining prior sanction improper and quashed...........
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204 -- Complaint - Issue of process - Application of mind - In the instant case summoning order passed by stating "Perused the complaint and the statements recorded...." - Held, there is no indication on the application of mind by Magistrate in taking cognizance and issuing process - Contention that application of mind..........
Criminal Procedure Code, 1973, Section 190(1)(a) -- Cognizance of offence - If complaint, on the face of it, does not disclose commission of any offence, Magistrate shall not take cognizance u/s 190(1)(a) Cr.P.C. - Complaint is simply to be rejected...........
Criminal Procedure Code, 1973, Section 156(3) -- Scope - Direction by Magistrate for police investigation is to be issued only after application of mind by Magistrate - When Magistrate does not take cognizance and does not find it necessary to postpone issuance of process and finds a case is made out to proceed forthwith, direction u/s 156(3) Cr.P.C. is issued...........
