Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 176, 177, 181, 199, 506 -- Private complaint - Offence u/ss 176, 177, 181, 199, 506 IPC - Cognizance of case was erroneously assumed by Court without complaint in writing made by Competent Authority i.e public servant - Trial of case was thus, without jurisdiction ab inito - Charge sheet..........
Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182, 183, 184 -- Transfer of three cases - Lack of territorial jurisdiction - Facts to be established by evidence may relate either to place of commission of offence or to other things dealt with by Ss.177 to 184 Cr.P.C - In such circumstances, Court cannot order transfer on the ground of lack of territorial..........
Drugs and Cosmetics Act, 1940, Section 32, Criminal Procedure Code, 1973, Section 154, 178, 179, 180, 181, 182, 183, 184, 185 -- FIR - If information is as to cognizable offences under Chapter IV, Police officer is obliged to register FIR - But, has no jurisdiction to investigate offence - He is duty bound to refer complainant to concerned Drugs Inspector...........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 177, 181, 193, 200, 120B -- Third bail application - Cheating - Application for bail filed after police submitted second closure report - No offence has been committed by appellant as per second closure report - Merely because trial Court was yet to accept said report, High Court ought not to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 337, 338, 201, Motor Vehicles Act, 1988, Section 187, 181, 196 -- Quashing of FIR - Accident - Compromise arrived at between parties and is genuine - Complainant has no objection if FIR is quashed and accused is acquitted from charges framed against him - High Court has inherent power to..........
Indian Penal Code, 1860, Section 406, 34, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust of stridhan properties - Territorial jurisdiction - Dowry articles were delivered and allegedly retained at place `J' - It is Court at place `J' and not at place `G' having jurisdiction - Order taking cognizance and issuing summons by Court at place `G' set..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4), 201 -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Entrustment of stridhan property at place `J' - No averment that it was to be returned at place `J' - No averment in legal notice sent that stridhan articles were to be returned at place `J'..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Issue as to territorial jurisdiction has to be decided on bare perusal of complaint and material annexed therewith...........
Criminal Procedure Code, 1973, Section 181(4), 201 -- Territorial jurisdiction - Magistrate taking cognizance of case - Cannot reopen the issue of territorial jurisdiction...........
