CiteTEXT
...the purpose of deciding whether or not there is sufficient ground for proceeding. Under Section 202(1)(a) CrPC, the Magistrate cannot give such a direction for such an investigation, where he finds that offence complained o...issuing any direction for investigation under Section 202 CrPC, since the complaint was made by the court. This is clear from the wordings of Section 202(1) CrPC. It is as under:...-1992 was found to be forged and fabricated in the inquiry instituted by the Department and, therefore, offence under Section 195(1)(b) CrPC appeared to have been committed in respect of that letter...
...investigation be conducted under Section 202 CrPC, whereas in Bhushan Prakashs case, the matter was sent to the police under section 156 (3) of the crpc after initiating enquiry under section 200 of the crpc. Thus,...Magistrate No.6, Jodhpur Metropolitan, by which learned Magistrate directed that an enquiry be conducted of the petitioner complainant under section 202 of the crpc. Learned counsel...investigation/enquiry under Section 202 CrPC to be conducted by a senior police officer. I find no illegality or irregularity in the impugned order so as to interfere therein. Hence, the...
...investigation to be made by the police officer or by such other person, as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding. Under Section 202(1)(a) CrPC, the Magistrate ca...proper court or direct the complainant to a proper court.
27. Section 202 CrPC deals with the postponement of issue of process. Under sub-section (1), he may direct the...that for the offense under Section 135(1)(b), which is alleged against the accused that he was concerned with carrying, removing, concealing or dealing with the goods, which he had reason to believe...
...thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding. Under Section 202(1)(a) CrPC, the Magistrate cannot give such a direction for such an investigation, wh..., the petitioner had contended that for the offense under Section 135(1)(b), which is alleged against the accused that he was concerned with carrying, removing, concealing or dealing with the goods...Appellate Authority and the accused cannot be prosecuted for the offense under Section 135(1)(b) also.
9.Therefore, the penalty for both the offenses alleged as against the...
...whether or not there is sufficient ground for proceeding. Under Section 202(1)(a) CrPC, the Magistrate cannot give such a direction for such an investigation, where he finds that offence complained o...under Section 220/120-B/500/34, I.P.C. against accused no. 1 and 2 and under section 120-B/500/34, I.P.C. against accused no.3. Accordingly, this Court takes cognizance. Issue...
"sufficient material under Section 220/120-B/500/34, I.P.C. against accused no. 1 and 2" at the time of taking cognizance
8...
...is empowered for issuance of process under Section 204 of the Code.”30. Under the amended sub-section (1) to Section 202 CrPC, it is obligatory upon the..., in Section 202 CrPC of the principal Act with effect from 23-6-2006, in sub-section (1), the words“… and shall, in a case where accused is residing at a place...appellant Company filed under Sections 379, 403 and 411 IPC read with Section 120-B IPC qua Documents 1 to 28 of the Schedule. Insofar as Documents 29 to 54 of the Schedule are concerned, the High...
...can be made only after the complainant and the witnesses, if any, present have been examined under S.200 CrPC. (See clause (b) of the proviso to S.202(1) CrPC). In the case of a complaint preferred by....202 inquiry / Investigation
b) If after the stage of S.200 CrPC the Magistrate thinks fit to postpone the issue of process against the accused then he has two...or any other person as he thinks fit (S.202(1) CrPC
Where the accused is residing at a place beyond the territorial limits of the Magistrate, now after the...
...adopted the procedure of complaint case as provided under Chapter XV of the Code and should have recorded the statement of the complainant and witnesses under section 200 and 202 CrPC but he cannot take cognizance under Section 190(...Magistrate is not bound in such a situation to follow the procedure laid down in Section 200 and 202 of the Code for taking cognizance of a case under Section 190(1)(b) though it is...entitled to take cognizance of an offence under Section 190(1)(b) of the Code even if the police report is to the effect that no case is made out against the accused. The Magistrate can...
...202 CrPC. The High Court held that the Magistrate was obliged to postpone the process against the accused and either enquire into the case himself or direct an investigation to be made by a police...Section 202 CrPC. The High Court, therefore, set aside the order dated 25-2-2011 issuing the process under Sections 418 and 420 IPC by the CJM, Ahmednagar. Aggrieved by the said order the Bank has...investigation as contemplated under Section 202 CrPC before issuing the process, considering the fact that the respondent is a resident of District Dakshin Kannada, which does not fall within the jurisdiction...
...as prescribed under Section 142(1)(b) of the Negotiable Instruments Act. In terms of inquiry conducted under Section 202 CrPC, all the statutory requirements have been complied...
NEUTRAL CITATION NO: 2023:DHC:3466
CRL.M.C. 2120/2023 Page 1 of 8 * IN THE...allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.C. 2120/2023
1. The present petition under...
...cognizance under Section 190(1) CrPC in either of the three contingencies namely:(a) upon receiving a complaint of facts which constitute such offence;(b) upon a police...cognizance of the offence can be taken on the basis of the police papers as envisaged in Clause (b) of Section 190(1) CrPC irrespective of the opinion of the Investigating...the basis of protest petition provided he examines the complainant and his witnesses under section 200 and 202 CrPC as pro vided in Chapter XV of the Criminal Procedure Code. After compliance of the...
...forged after the same was produced before the Court but the document was forged first and thereafter the same was produced in the Court and therefore, bar under Section 195(1)(b)(ii) of the CrPC w...dismissing the complaint on the ground that there would be a bar under Section 195(1)(b)(ii) of the CrPC.9. Now, so far as the observation made by the Revisional Court that as there...(1)(b)(ii) of the CrPC, considering the fact that the allegations are with respect to forging document which was produced before the Court. Being aggrieved and dissatisfied with the order...
.... Thereafter the complaint was filed. Post-recording of the statement of complainant under Section 200 CrPC, of the victim under Section
202 CrPC and of mother of the victim under Section ...cover up the misdeed solemnized marriage. Further submission is that the allegations contained in the complaint vis-a-vis the statement under Sections 200 and 202 of CrPC are not in variance or...the allegations contained in the complaint vis-a-vis under Sections 200 and 202 CrPC. In case, there is no material contradictions, then the case becomes triable. Learned counsel for the applicant at...
..., which came to be registered as Inquiry Case No. 453/2011. It appears from this document-Annexure-B that learned Magistrate has directed an inquiry to be conducted under Section 202(1) CrPC vide order...Inspector, Nadiad Town Police Station has conducted inquiry pursuant to an order of the learned Chief Judicial Magistrate under Section 202(1) CrPC and had reported that there is no evidence in writing...1 of 29 Created On Fri Dec 22 10:40:54 IST 2017 R/CR.MA/7076/2013 CAV JUDGMENT Code of Criminal Procedure (for brevity CrPC) praying to quash and set side the complaint, being C.R. No. I-63...
....30. No doubt, the argument predicated on Section 202 CrPC was raised for the first time by A-1 before the High Court. Notwithstanding the same, being a pure legal issue which could be teste...learned Magistrate to take up the matter afresh qua A-1 and pass necessary orders as are permissible in law, after following the procedure contained in Section 202 CrPC...The provisions of Section 202 of the Code of Criminal Procedure, 1973 (CrPC) are ignored and not complied with by the trial court while issuing the process.12.1.1 It is...
...inquiry, in accordance with Section 202 CrPC.7. The appellant herein filed a criminal writ petition, being Special Criminal Application No. 1458 of 2007 before the Gujarat...submitted that having regard to the serious nature of the offence complained of, an inquiry by the court under Section 202 CrPC would not be apposite in preference to an investigation by the higher...inquiry or investigation could be conducted under Section 202 of the Code. Ms Lekhi submitted that the provisions of Section 202 CrPC had been correctly invoked by the Magistrate and the prayer for...
...190(1)(b) CrPC, the Magistrate has the advantage of a police report and under Section 190(1)(c) CrPC, he has the information or knowledge of commission of an offence. But under Section 190(1)(a) ...”). The Chapter deals with “Conditions Requisite For Initiation of Proceedings”. The Magistrate is empowered to take cognizance of an offence under Section 190(1)(a) CrPC upon receiving a complaint of...same shall be signed by the complainant, the witnesses and the Magistrate. Under Section 202 CrPC, the Magistrate, if required, is empowered to either inquire into the case himself or direct an...
...the word “evidence” used in Section 319(1) CrPC could only mean evidence tested by cross-examination or the court can exercise the power under the said provision even on the basis of the statement made...in the examination-in-chief of the witness concerned?6.3 (iii) Whether the word “evidence” used in Section 319(1) CrPC has been used in a comprehensive sense and includes...to invoke the power under Section 319 CrPC to arraign an accused? Whether the power under Section 319(1) CrPC can be exercised only if the court is satisfied that the accused summoned will in all...
...to Section 202(2) of the Code of Criminal Procedure (CrPC).2. The appellant's son, Ajay Kumar Singh is said to have been killed by Respondents 1 to 4 on 1-1-1997/2-1-199...Section 202(2) CrPC is mandatory and the Chief Judicial Magistrate committed a serious error in taking cognizance against Respondents 1 to 4 and issuing non-bailable warrants against them without...Section 202(2) CrPC.5. Shri Gaurav Agrawal, learned counsel for the appellant argued that the proviso to Section 202(2) CrPC is not mandatory in character and the High...
...exercise of power under Section 192(2) CrPC transferred the case for enquiry under Section 202 of the Code. The Court of the Second Class Magistrate, after examining witnesses, by order dated March...by the Magistrate before he transferred the proceedings under Section 192(2) for enquiry under Section 202 CrPC. This finding has been arrived at after perusal of the record of the proceedings before...Section 482 CrPC is challenged in this appeal. In a case instituted on a private complaint by the appellant for offences under Sections 452 and 323 IPC, the Judicial Magistrate First Class, Patna, in...