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 203 -- Dismissal of complaint u/s 203 Cr.P.C - In coming to a decision whether there is sufficient ground for proceeding with complaint, Magistrate must take into consideration previous proceedings, if any...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Injury inflicted simple in nature - However, as per complainant and his witnesses all 7 accused assaulted complainant with danda, lathi, kicks and fists - There is dispute and litigation between parties regarding pathway and drain which was allegedly obstructed by accused - Trial Court..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Complainant failed to lead evidence supporting her allegations against accused - Magistrate went through the entire records of case and passed a reasoned order holding that there is no sufficient ground to proceed against accused - Order dismissing complaint is proper...........
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...........
Criminal Procedure Code, 1973, Section 203 -- `Sufficient ground' in S.203 Cr.P.C means satisfaction of Magistrate that a prima facie case is made out against person sought to be summoned as accused - It does not mean sufficient ground for purpose of conviction...........
Criminal Procedure Code, 1973, Section 203, 378(4), 401 -- Dismissal of complaint u/s 203 Cr.P.C - Not an acquittal as per explanation provided u/s 300 Cr.P.C - Appeal is not maintainable against such order - It is Revision which is maintainable against an order dismissing complaint u/s 203 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, 156(3), 200, 202, 203, 204 -- Proposition of law u/ss 154, 156(3), 200, 202, 203, 204 Cr.P.C. summarized...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Magistrate did not consider it necessary to proceed on police report u/s 173(2) as accusations were false and issued notice to complainant as to why final report by police be not accepted - Complainant filed protest petition which was registered as a complaint case - Magistrate after..........
