Criminal Procedure Code, 1973, Section 452 -- Proceeding u/s 452 Cr.P.C. - Nature - Proceedings are summary and quasi civil proceeding analogous to civil proceeding - Prima facie entitlement for possession is to be determined in said proceeding - Adjudication of title does not form subject matter of enquiry though incidentally title may go into zone of consideration...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of first compliant - Second complaint on the same facts - Maintainability - First complaint not dismissed on merits but due to non examination of witnesses - Second complaint filed and initial statement and statements of witnesses recorded u/s 202 Cr.P.C., Magistrate prima facie found the case and issued process..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - There ought to be a high probability of the prima facie case, which would arise against persons who are sought to be arrayed as accused persons, while exercising power u/s 190 of Cr.P.C...........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance - Over implication - One injury caused by 16 persons - It is highly improbable that only one injury can be caused by sixteen persons - Court at the time of taking cognizance has to ensure that persons against whom cognizance is taken shall be taken to a conclusive stage of trial and appropriate judgment would be..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 420, 471, 468, 467, 109, 34 -- Bar u/s 195(1)(b)(ii) Cr.P.C - Cheating and forgery - Investigating agency prima facie found that Process Server in connivance with two witnesses and petitioners prepared documents outside Court in revenue proceedings - Bar u/s 195(1)(b)(ii) Cr.P.C not..........
Indian Penal Code, 1860, Section 376D, 342, 506 -- Rape on married woman - Initiation of false proceedings - Prima facie there was conscious and deliberate effort to misuse the process of law to initiate false proceedings against accused - Prosecutrix and her brother-i, law PW6 connived and have given patently false evidence in Court - Trial Court directed to proceed..........
Precedent -- A judicial decision containing a principle which forms an authoritative element termed as ratio decidendi - Any reasons assigned in support of such interim order containing prima facie findings are only tentative...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff able to show his prima facie case by depicting that he is owner in possession of suit land (his name being recorded in khasra and Khatauni in revenue records) - Relief of temporary injunction rightly granted in favour of plaintiff...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2) -- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Mala fides of informant are of secondary importance, if material collected by I.O prima facie discloses commission of offence by accused, as it is the material collected by I.O and evidence led in Court which decides fate of accused - Prosecution thus, cannot be quashed on ground of mala fides of..........