Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C. - Previous incident is not sine quo non for initiating proceedings u/s 107 Cr.P.C. - Likelihood of a breach of peace by itself is enough for Magistrate to initiate proceedings u/s 107 Cr.P.C...........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C. - Can be initiated even before an incident that is likely to disturb peace or pubic tranquility takes place, provided that Executive Magistrate has information based on which he is of opinion that there is sufficient ground for proceeding...........
Criminal Procedure Code, 1973 -- Show cause order - Order u/s 111 Cr.P.C merely mandates Executive Magistrate to give substance of information that had led to form an opinion to initiate proceedings u/s 107 Cr.P.C. - Said provision does not contemplate that Magistrate should record his opinion or give reasons for initiating proceedings, as S.107 r/w S.111 Cr.P.C. is not..........
Criminal Procedure Code, 1973 -- Show cause order - Judicial Review - Order u/s 111 Cr.P.C is only an interlocutory order, as it does not determine rights of parties - It is not a final order, thus, not revisable u/s 397 Cr.P.C. - Judicial review of order passed u/s 111 Cr.P.C is also very limited and can be subjected to review u/s 482 Cr.P.C. and Art.226 of Constitution,..........
Criminal Procedure Code, 1973, Section 482, 169 -- Quashing of proceedings - Closure report filed by police - Statements of witnesses which were recorded by police and report given by CSP does not appear to be correct as he has merely given a finding that in absence of any documentary evidence it cannot be said that respondent No.2 has paid the amount to applicant -..........
Criminal Procedure Code, 1973, Section 169 -- Closure report - Power of Magistrate - When closure report is filed after issuing notices to complainant and after hearing him, Magistrate can either accept closure report or direct for further investigation or can take cognizance of offence by rejecting closure report...........
Criminal Procedure Code, 1973, Section 156(3), 401 -- Application u/s 156(3) Cr.P.C. - Accused has no right to be heard by Magistrate - However, accused has right to be heard when revision is filed against order dismissing application u/s 156(3) Cr.P.C. - Impugned order passed by revisional Court without giving an opportunity of hearing to accused set aside - Matter..........
Criminal Procedure Code, 1973, Section 173(8), 190 -- Further investigation - Cannot be directed by Magistrate at the instance of de facto complainant after taking cognizance of offence on the basis of charge sheet submitted by police...........
Criminal Procedure Code, 1973, Section 147 -- For exercising power u/s 147 Cr.P.C. Magistrate is required to state the grounds of his being so satisfied that there exists a dispute likely to cause breach of peace and also to record that right of user has been exercised within a period of three months next before receipt of report of a police officer or other information..........
Criminal Procedure Code, 1973, Section 202(2) -- Inquiry u/s 202 Cr.P.C. - In case complainant's evidence on oath itself is sufficient, Magistrate will not re-examine him on oath again following mandate of S.202 Cr.P.C. - Though word `shall' is used in the provision but that does not mean that Magistrate is bound to examine and conduct an inquiry where facts of case do not..........
