Criminal Procedure Code, 1973, Section 202 -- Complaint sent to police u/s 156(3) Cr.P.C. for investigation - Police filed negative final report on the ground that it is not having territorial jurisdiction - Complainant filed protest petition and Magistrate proceeded to record statement of complainant and his witnesses thereby he commenced investigating the case - Order..........
Criminal Procedure Code, 1973, Section 173(2), 2(r) -- Police report - Report made u/s 173(2) Cr.P.C after completion of an investigation in a police case instituted u/s 154 Cr.P.C cannot be termed to be a complaint...........
Criminal Procedure Code, 1973, Section 195(1)(a), 173, Indian Penal Code, 1860, Section 188 -- Cognizance of offence on basis of police report - Offence u/s 188 IPC - No complaint ever filed in Court by Public servant concerned - FIR u/s 188 IPC itself was impermissible and cognizance of offence on basis of a police report was barred - Summoning of petitioner after taking..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Three conditions are to be fulfilled for interference u/s 482 Cr.P.C: (i) injustice which comes to light should be of a grave and not of a trivial character; (ii) it should be palpable and clear and not doubtful and; (iii) there should exist no other provision of law by which party aggrieved..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Court is only to be prima facie satisfied about existence of sufficient ground for proceeding against accused - For that limited purpose, Court can evaluate materials and documents on record, but it cannot appreciate the evidence to conclude whether materials produced are sufficient or not for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34 -- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Grant of maintenance either under Hindu Marriage Act or Hindu Adoption and Maintenance Act or S.125 Criminal Procedure Code or S.20 of Protection of Women from Domestic Violence Act - An order passed in either of the proceedings does not debar re-adjudication of the issue of maintenance in any other Court...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted subject to deposit of Rs.5 lakhs - Right to be released u/s 167(2) Cr.P.C. is an indefeasible right and such a right cannot be extinguished by imposition of onerous conditions - Condition to deposit Rs.5 lakhs set aside...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - A witness examined by prosecution - Cannot be summoned as an accused u/s 319 Cr.P.C. after considering his own evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and..........
