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, 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 -- 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..........
Criminal Procedure Code, 1973, Section 401(2), 203 -- Revision - Dismissal of complaint u/s 203 Cr.P.C - Where complaint is dismissed u/s 203 Cr.P.C and same is challenged in Sessions Court by filing revision, accused have a right to be heard in such revision...........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint - Maintainability - Earlier complaint dismissed as no prima facie case was made out - Earlier complaint was not disposed of on any technical ground - Material adverted to in the second complaint was only in the nature of supporting material - Material relied upon in the second complaint was not such which..........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint on same allegations - Not barred when in first complaint there was no conviction, acquittal or discharge - If dismissal of complaint was not on merit, but on default of complainant, second complaint on same facts is maintainable - But if dismissal of complaint u/s 203 of the Code was on merits, the..........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint on same allegations - Mentioning of reasons for withdrawal of an earlier complaint is not a condition precedent for maintaining a second complaint...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint - Speaking order is required to be passed u/s 203 Cr.P.C. when complaint is dismissed and that too reasons need to be stated only briefly...........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Issue of process or summons - Order is intermediary or quasi final in nature and not interlocutory in nature - Aggrieved party has remedy of revision either in High Court or District Court...........
Criminal Procedure Code, 1973, Section 203, 482 -- Issue of process - Remedy - S.203 or for that matter no provision in the Code provides for recall or review of the order issuing process - Remedy lies u/s 482 Cr.P.C...........
