Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Magistrate did not consider it necessary to proceed on police report u/s 173(2) as accusations were false and issued notice to complainant as to why final report by police be not accepted - Complainant filed protest petition which was registered as a complaint case - Magistrate after..........
Criminal Procedure Code, 1973, Section 401(2), 203 -- Revision - Dismissal of complaint u/s 203 Cr.P.C - Where complaint is dismissed u/s 203 Cr.P.C and same is challenged in Sessions Court by filing revision, accused have a right to be heard in such revision...........
Criminal Procedure Code, 1973, Section 197, 482 -- Public servant - Sanction for prosecution - Want of sanction - Quashing of proceedings - Application u/s 482 Cr.P.C. is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or an abuse of process of Court - If, on the face of complaint, act alleged appears to have a reasonable..........
Criminal Procedure Code, 1973, Section 197, 482, Karnataka Police Act, 1963, Section 170 -- Police Officer - Sanction for prosecution - Want of sanction - Quashing of proceedings - High Court, holding that sanction for prosecution is legal requirement and remitted the complaint to Magistrate instead of quashing the proceedings - - Impugned order of High Court set aside -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false and frivolous complaint against husband by wife - FIR in question filed by wife against husband, prima facie cannot be held to be false, frivolous or vague, as trial is still going on - No court of law has come to conclusion that said FIR was a false one - Plea of husband rejected - Divorce..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint cannot be initiated against legal heirs of a person who had issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Death of accused - Legal heirs or near relatives cannot be impleaded as accused in criminal case, when accused dies unless the statute prescribes so...........
Criminal Procedure Code, 1973, Section 210 -- Private complaint and police case in respect of same offence - Clubbing of - Even though incident alleged in a complaint case and police charge case are same, if there is difference about narration of incident and if offences alleged in both the cases are different and some of accused in private complaint are not there in..........
Negotiable Instruments Act, 1881, Section 138, 142(c) -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction to try the case - As per S.142(c) of the Act, offence u/s 138 of the Act shall be tried by a Judicial Magistrate of first class or a Metropolitan Magistrate and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of first..........
Criminal Procedure Code, 1973, Section 451, 457, Indian Penal Code, 1860, Section 379 -- Release of seized vehicle - Vehicle involved in illegal transportation of sand - Theft - Concerned authority/revenue officials have not filed any private complaint and also have not filed any application before designated Court seeking to confiscate said vehicle and other materials,..........
