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Suresh Kumar and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Criminal

Acts : 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

Reported in : 1998CriLJ601; 1998(2)WLC291; 1997(2)WLN202

by the petitioners.4. It was urged before the learned Sessions Judge that in view of Sub-section (1) of Section 198 (1973) of the Criminal Procedure Code the cognizance of the offences under Section 494, I.P.C. could not have … 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 … 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

Simachal Mishra Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 155, 193, 195, 197, 198, 198(1), 198(2), 199, 238, 482 and 493 to 498; Indian Penal Code (IPC), 1860 - Sections 17, 34, 193, 195, 197, 198, 406, 494 and 498-A;

Reported in : 92(2001)CLT444; I(2002)DMC33; 2001(II)OLR381

A.S. Naidu, J.1. This application is filed invoking jurisdiction under section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), inter alia, praying to quash the order of cognizance dated February 1, 1999, … J.1. This application is filed invoking jurisdiction under section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), inter alia, praying to … determination in the present case is, as to whether in the absence of a complaint as stipulated under section 198 of the Code, there is any scope for taking cognizance under section 491 of the Indian Penal Code

State of Orissa Vs. Sharat Chandra Sahu and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 155(4) and 198; Indian Penal Code (IPC) - Sections 494 and 498A

Reported in : 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 … 494, I.P.C, its cognizance could not have been taken by theMagistrate in view of the provisions contained in Section 198(1) of the Code. Consequently, the charge framed by the Magistrate under Section 494, I.P.C. was quashed but the

Ushaben Vs. Kishorbhai Chunilal Talpada And, ors.

Court : Supreme Court of India

Subject : Criminal Dowry

Acts : Code of Criminal Procedure (CPC) , 1973 - Section 482, 198, 190(1)(a), Chapter 20, 190, 198(1)(c), 198A, 2(d); Dowry Prohibition Act - Sections 3, 7; Indian Penal Code (IPC) - Sections 498A, 494, 506(2), Chapter 20

Court of Gujarat partly allowing the petition filed by the respondents under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code"). The prayer made by respondents 1 to 9 was to quash the complaint … allowing the petition filed by the respondents under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code"). The prayer made by … to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try."Section 198 of the Code pertains to prosecution for offences against marriage. Sub-Section 1 thereof is relevant. It reads as

The State Vs. Gangamma (A-4) and ors.

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 198 and 438; Indian Penal Code (IPC), 1860 - Sections 493 to 496

Reported in : AIR1965Kant235; AIR1965Mys235; 1965CriLJ376; (1965)1MysLJ92

198 of the Code of Criminal Procedure.(20) Reference accepted. Criminal - cognizance - Sections 198 and 438 of Criminal Procedure Code, 1973 and Sections 493 to 496 of Indian Penal Code, 1860 - matter pertaining to cognizance of offence … under S. 198 of the Code of Criminal Procedure to file a complaint for the offence of bigamy.(5) Section 198 of the Code of Criminal Procedure, after the amendment by Central Act 56 of 1960, reads as follows:198. … ORDER(1) This is a reference under S. 438 of the Code of Criminal Procedure, made by the Second Additional Sessions Judge, Shimoga, who

Sowmithri Vishnu Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Family

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 198(1) and 198(2); Indian Penal Code (IPC) - Sections 392, 497 and 498

Reported in : AIR1985SC1618; (1985)87BOMLR382; 1985CriLJ1302; 1985(2)Crimes452(SC); 1985(1)SCALE960; 1985Supp(1)SCC137; [1985]Supp1SCR741

such case the wife shall not be punishable as an abettor.5. By reason of Section 198(1) of the CrPC, 1973, no Court can take cognizance of an offence punishable under Chapter XX of the Penal Code except upon … the Penal Code'. Section 498 prescribes punishment for enticing or taking away or detaining a married woman with criminal intent.6. Mrs. Nalini Chidambaram, who appears on behalf of the petitioner, contends that Section 497 of the Penal … the offence and, secondly, upon the restrictions placed by the law of procedure on the right to prosecute.9. The self-same answer holds good in the

S. Radhika Sameena Vs. the S.H.O., Habeebnagar Police Station, Hyderab ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 494 and 495; Code of Criminal Procedure (CrPC) , 1973 - Sections 198(1)

Reported in : 1996(4)ALD1; 1996(2)ALD(Cri)743; 1996(4)ALT73; 1997CriLJ1655; I(1997)DMC132

Criminal - bigamy - Sections 494 and 495 of Indian Penal Code, 1860 and Section 198 (1) of Criminal Procedure Code, 1973 - petitioner being wife through writ alleging that her husband wrongfully confined by her father-in-law and brother-in-law … other marriage shall be subject to the penalties provided in Sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), for the offence of marrying again during the lifetime of a husband or wife,

State of Karnataka Vs. Byraiah

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 198, 200, 461 and 465

Reported in : ILR1987KAR730

to dispose of the same in accordance with law and in the light of the observations made above. CRIMINAL PROCEDURE CODE, 1973 (Central Act No 2 of 1974) - Section 198 -- Complaint of offences corned by Section, to … to the Magistrate alleging commission of the offence of defamation punishable under Section 500 of the Indian Penal Code. The Magistrate, instead of taking cognizance of the offence himself referred the complaint to the police for investigation

V. Revathi Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 497 and 498; Code of Criminal Procedure (CrPC) , 1973 - Sections 198(1) and 198(2); Constitution of India - Articles 14 and 32

Reported in : AIR1988SC835; 1988CriLJ921a; JT1988(1)SC419; (1988)93PLR649; 1988(1)SCALE420; (1988)2SCC72; [1988]3SCR73

the Indian Penal Code. The same bullet has now been fired in order to assail Section 198(2) of the Criminal Procedure Code in so far as it confines the right to prosecute the adulterer to the aggrieved husband of the … such offence was committed may, with the leave of the Court, make a complaint on his behalf.of the CrPC, 1973 which carves out an exception to the general rule that any one can set the criminal law in

Deokabai Wife of Namdeo Dhoke Vs. Namdeo S/O Champat Dhoke and ors.

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 494 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 198 and 378

Reported in : 1995(1)ALT(Cri)24; 1995(2)ALT(Cri)10; 1996(1)BomCR374

Code, 1860 and Sections 173, 198 and 378 of Criminal Procedure Code, 1973 - application challenging acquittal of accused of offences under Sections 498-A, 498-B, … 107 also section 34 of the Indian Penal Code, completely ignoring the mandatory provision of section 198 of the Criminal Procedure Code. 3. The prosecution case was that complainant Deokabai (applicant herein) was married with non-applicant-accused No. 1 about 18 … of the offences under sections 498-A, 498-B, 494 and 107 read with section 34 of the Indian Penal Code.2. All these five accused persons were tried for the abovesaid offences on the complaint of the present applicant.