Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Magistrate directing investigation u/s 156(3) Cr.P.C. - He cannot be said to have taken cognizance - It is only when Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to S.200 Cr.P.C. he can be said to have taken cognizance of the offence...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Protest petition - Right of complainant to file a petition u/s 200 Cr.P.C is not taken away even if Magistrate concerned does not direct that such a protest petition be treated as a complaint...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Protest petition - Magistrate has liberty to reject protest petition along with all other material which may have been filed in support of the same - In that event the complainant would be at liberty to file a fresh complaint...........
Prevention of Money Laundering Act, 2002, Section 3, Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Offence u/s 3 of PMLA - If Special Court is of the view that no prima facie case of an offence u/s 3 of PMLA is made out, it must exercise the power u/s 203 Cr.P.C to dismiss the complaint - If a prima facie case is made out, special Court can take..........
Criminal Procedure Code, 1973, Section 200 -- Summoning of accused - For issuing the order of summoning Magistrate could not have relied upon same material which was before him when he passed the order calling for report u/s 202 Cr.P.C - The reason is that Magistrate was not satisfied that material was sufficient to pass summoning order - Order issuing process has drastic..........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint - Enquiry - Statement of complainant recorded - Complaint dismissed - No reason recorded as to why eight witnesses specially named not examined - High Court remanded the case - Order upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of Cheque - Trial Court acquitted accused after closure of examination-in-chief of complainant two opportunities were given and complainant has not tendered himself for cross-examination - Complaint remanded back with giving one more opportunity with cost of Rs.5,000/-..........
Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Inquiry while issuing process is extremely limited only to ascertain truth or falsehood of allegations made in the complaint based on material on record - Defence of accused need not be gone into at this stage...........
Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 499, 500 -- Issuance of process - Defamation - Magistrate has passed detailed order recording prima facie satisfaction that allegations in the newspaper would fall within expression of defamation u/s 499 IPC - To determine whether imputations are sufficient to attract provisions of S.499 IPC, a..........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Police submitted detailed Negative final report - Where detailed negative final report is submitted, it becomes imperative upon Magistrate before taking cognizance of offence and issuance of process, to show his disagreement with conclusion of I.O. and it should be mentioned in clear terms in the..........
