Criminal Procedure Code, 1973, Section 173 -- Second inquiry - Permissibility - Multiple inquiries deprecated and should not be resorted to - However, since in the present case matter was inquired into once, there is no absolute bar on getting the matter inquired into second time - Senior Superintendent of Police directed to look into matter and to ensure that a final..........
Criminal Procedure Code, 1973, Section 193, 82 -- Summoning of accused and passing of proclamation order u/s 82 Cr.P.C against him - Police sought discharge of petitioner from case - Even statement of ASI is to the effect that petitioner is to be discharged from the case - Subsequently, when inquiry was conducted in the application filed on behalf of other accused, earlier..........
Criminal Procedure Code, 1973, Section 398 -- Revision - Scope - S.398 Cr.P.C. provides that Court of Revision cannot pass any direction for inquiry into a case of any person, who has been discharged unless such person has opportunity of being heard - No order adversely affecting complainant or accused could be passed by trial Court in revision without hearing him...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C. - Not mandatory in respect of proceedings u/s 138 NI Act...........
Criminal Procedure Code, 1973, Section 156 -- Direction to CBI to convert preliminary enquiry into FIR - Matter regarding misuse of official position and causing loss to public exchequer - Involvement of public servants, loss of public exchequer and offences regarding national and international ramifications necessitating investigation by CBI not found in preliminary..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Mandatory - Registration of an FIR is mandatory u/s 154 IPC, if information discloses commission of cognizable offence and no preliminary inquiry is permissible in such a situation...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, Court is not to enter into a roving inquiry to appreciate or weigh the material on record - Strong suspicion is enough for Court to form a presumptive opinion as to existence of an event having taken place, justifying framing of charge...........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - High Court transferred investigation to CBI after due consideration of all relevant aspects - Transfer of investigation to CBI does not depend on inadequacy of inquiry/investigation carried out by State police - Since nature of..........
Criminal Procedure Code, 1973, Section 202, 19(as -- Accused residing outside territorial jurisdiction of Court - Conducting inquiry by Magistrate before issuing process - Amendment in S.202(1) Cr.P.C. by virtue of S.19 of Criminal Procedure (Amendment) Act, 2005, aimed to prevent innocent persons, who are residing outside territorial jurisdiction of Magistrate concerned,..........
Criminal Procedure Code, 1973, Section 202, 204, 482 -- Non-compliance of inquiry - Objections - At first instance accused can raise objection for issuing summons u/s 204 Cr.P.C. - Since Cr.P.C. does not contemplate review of order passed by Magistrate concerned taking cognizance of offence issuing process without there being any allegation against accused or any material..........
