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Suresh Kumar and ors. Vs. State of Rajasthan and ors.
Rajasthan
Aug-01-1997
Criminal
Schedule Castes and Schedule Tribes Cases (Prevention of Atrocities) Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(4), 156(3), 173(2), 198, 198(1), 198(4), 468, 468(3) and 482; Indian Penal Code (IPC), 1860 - Sections 109, 120B, 494 and 498A
1998CriLJ601; 1998(2)WLC291; 1997(2)WLN202
Code. Their Lordships of the Hon'ble Supreme Court considered the provisions of Section 198 and Sub-section (4) of Section 155 of the Criminal Procedure Code. Sub-section (4) of Section 155 is a new provision introduced for the first … Penal Code. The complaint was sent by the learned Judicial Magistrate to the Police under Section 156(3) of the Criminal Procedure Code for investigation. In compliance with the order passed by the learned Judicial Magistrate the Police investigated the case … a new provision introduced for the first time in the Code of 1973. This sub-section authorises the Police Officer to investigate non-cognizable offences also if … punishable under Sections 498A, 109, 494 and 120B of the Indian Penal Code. The complaint was sent by the learned Judicial Magistrate to the Police
Tag this Judgment! AI Brief & AskShivanand Giridhar Naik Vs. the Senior Inspector of Police and anr.
Mumbai
Jun-19-2000
Criminal
Bombay Police Act, 1951 - Sections 145 and 145(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2)
2000CriLJ4776
1994 is hereby vacated. Bombay Police Act, 1951 - Section 145 r/w Section 155(2) of the Code of Criminal Procedure Code, 1973 - Dereliction in duty - Absence of Police Constable without permission - Non-cognizable offence - Permission of … extend to Rs. 100/- or with both. He has therefore contended that as per the Schedule of the Code of Criminal Procedure, 1973, Section 145 of the Bombay Police Act is a non-cognizable offence, and therefore, there
Tag this Judgment! AI Brief & AskAnnie Koshy Vs. State of Andhra Pradesh and anr.
Andhra Pradesh
Dec-29-1997
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(3), 200 and 482
1998(1)ALD(Cri)415; 1998CriLJ2565; I(1998)DMC608
dismissed. 16. Petition dismissed. Criminal - investigation order - Sections 155 (2), 156 (3), 200 and 482 of Criminal Procedure Code, 1973 - petition to quash Order passed by Magistrate - Magistrate had not taken cognizance of offence - … ORDER1. This is an application filed under section 482, Cr.P.C. (hereinafter referred as Code) praying to quash the order, dated : 4-7-1997 passed by the XXII Metropolitan Magistrate (Mahila Court), Hyderabad in
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
State of Orissa Vs. Sharat Chandra Sahu and anr.
Supreme Court of India
Oct-08-1996
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 155(4) and 198; Indian Penal Code (IPC) - Sections 494 and 498A
AIR1997SC1; 1997(1)ALD(Cri)415; (1996)6SCC435
I.P.C. was quashed but the charge under Section 498-A, I.P.C. was maintained and the petition under Section 482, Criminal Procedure Code to that extent was dismissed.4. It is this Judgment which has been challenged before us by the State … No. 1169/94) under Section 482 of the Codeof Criminal Procedure (for short. Code) in the Orissa High Court for quashing the proceedingsand the charges framed … is a new provision introduced for the first time in the Codeof 1973. This was done to overcome the controversy about investigation of non-cognizableoffences by … cognizance of the offence irrespective of the person who gave the first information to it. It isprovided in Section 155 as under :- 155. Information as to non-cognizable cases and investigation of such cases.- (1)When information is given
Tag this Judgment! AI Brief & AskTej Prakash S. Dangi and ors. Vs. Coromandal Pharmaceuticals Ltd. and ...
Andhra Pradesh
Aug-20-1996
Company
Companies Act, 1956 - Sections 2(11), 10, 10(2), 17, 79, 101, 111, 111(4), 111A, 155, 209(4), 283, 391(2) and 398; Companies (Amendment) Act, 1988; Sick Industrial Companies (Special Provisions) Act, 1985; Companies (Court) Rules, 1959 - Rules 9 and 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 482
[1997]89CompCas270(AP)
if there are no other proceedings as is being done under the analogous provisions of section 482 of the Criminal Procedure Code, 1973. It was, therefore, submitted that even if there is no specific section under which this petition was … done under the analogous provisions of section 482 of the Criminal Procedure Code, 1973. It was, therefore, submitted that even if there is no specific … specific power is provided therefor in the articles. The only section which may perhaps be referred to is section 155 of the Companies Act which empowers the court to rectify the register of members if the name of
Tag this Judgment! AI Brief & AskShyni Varghese and ors. Vs. State (Govt. of Nct of Delhi) and anr.
Delhi
Feb-15-2008
NarcoticsCriminal
Narcotics Drugs and Psychotropic Substances Act - Sections 19, 21, 21A, 25, 27 and 29; Prevention of Corruption Act, 1947 - Sections 3 and 5(4); Prevention of Corruption Act (Amendment) Act, 1952 - Sections 5 and 5A; Evidence Act 1872; Antiquities and Art Treasures Act, 1972 - Sections 25(1); Income Tax Act, 1961 - Sections 132; Indian Penal Code (IPC), 1860 - Sections 34, 120B, 109, 114, 161, 165, 165A, 172 to 188, 193 to 196, 199, 200, 201, 204, 205 to 211, 228, 406, 411, 420, 463, 471, 476 and 485; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 154, 155, 155(2), 156, 156(3), 173, 173(2), 190 to 199, 200, 202(1), 202, 203, 340, 482 and 537; Constitution of India - Articles 20(3) and 21
147(2008)DLT691
provisions of the American Constitution. In : 1978(2)ELT287(SC) , already referred to a search and seizure made under the Criminal Procedure Code was challenged as illegal on the ground of violation of the fundamental right under Article 20(3), the argument … facts amply demonstrate that the entire procedure from root to fruit, i.e., from filing of the application under Section 155 to the taking of cognizance of the 'charge-sheet', is patently illegal and vitiates the proceedings. According to him, … officer in charge of the police station in court under Section 173(2) CrPC, this field being exclusively reserved for the investigating agency. 21. An incidental … decision rendered by it in Dr. M.C. Sulkunte v. State of Mysore 1973 SCC 513, held that it is clear from these authorities that an
Tag this Judgment! AI Brief & AskReshma Bano Vs. State of Uttar Pradesh and ors.
Supreme Court of India
Mar-03-2008
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1) and 482; Constitution of India - Article 226
JT2008(3)SC419; 2008(I)OLR(SC)602; 2008(3)SCALE343; (2008)5SCC791; 2008AIRSCW1998; 2008(3)LH(SC)1755
dismissing the application filed by the appellant for exercise of power under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') and Article 226 of the Constitution of India, 1950 (in short the 'Constitution'). … by the appellant for exercise of power under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') and Article 226 of … officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in
Tag this Judgment! AI Brief & AskRemo Marketing Pvt. Ltd. Thro. Its Director Jiten Jagvir Vs. State of ...
Gujarat
Apr-19-2004
Criminal
Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 155, 157, 190, 200, 202, 203, 204 and 482; Prevention of Corruption Act - Sections 5(1); Prize Chits and Money Circulation Schemes (Banning) Act, 1978 - Sections 2, 3, 4 and 5; Indian Penal Code (IPC), 1860 - Sections 120B, 405, 406, 415, 417 and 420
(2004)3GLR2008
of Constitution of India, Sections 154, 155, 157, 190, 202, 203, 204 and 482 of Criminal Procedure Code, 1973, Section 2, 3, 4, and 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Sections 120B, … were not even prima facie satisfied - Hence, the Magistrate was in serious error in issuing process - Criminal Procedure Code, 1973, Ss. 200,202, 203 and 204.'He placed reliance on the decision of the Supreme Court in the case … D. Dave, J.1. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) for quashing and setting
Tag this Judgment! AI Brief & AskGautam Ram Vs. State
Delhi
May-17-2002
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 41, 41(1), 55, 59(1), 102, 112, 155(2), 173, 190, 251, and 482; Delhi Police Act, 1978 - Sections 59(1), 59(2) and 103
98(2002)DLT348; 2003(66)DRJ38
S.L. Agarwal, J.1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), petitioner is seeking quashing of the complaint (Kalandra), under Section 103 … why the matter was not probed further and would pass such orders as he may deem suitable. dusty. Criminal Procedure Code, 1973 - Sections 482, 41, 2(d), 45, 102, 155(2), 190, 251--Inherent power of High Court--Quashing of complaint under
Tag this Judgment! AI Brief & AskLajpat Rai Sehgal and Others Vs. the State
Delhi
Feb-11-1983
Criminal
Indian Penal Code (IPC), 1860 - Sections 306; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 251, 468(2) and 470(3)
1983CriLJ888; 1983(1)Crimes737; 23(1983)DLT314; 2003(5)DRJ1
of limitation is the same, despite the fact, that Chapter xxxvI dealing with limitation was only introduced in the Criminal Procedure Code by the Criminal Procedure Code (Amendment) Act, 1978 (Act 45 of 1978). 16. It is also pertinent to … Prohibition Act, 1961 and Sections 2(d) and (r) and 470(3) of the Code of Criminal Procedure. 2. In brief, the facts are, that petitioner No. … Penal Code, has been filed against the petitioners. 4. On 17th July, 1980, Sub-Inspector Pratap Singh applied, under Section 155(2), Criminal Procedure Code, for permission to investigate the non-cognizable offences under Sections 3 and 4 of the Dowry … this difficulty has since been removed in view of the Code of 1973. 42. It would, thereforee, appear, in view of S. 2(d) of the
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