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Kamal Kishore Vs. S.D. Mathur

Court : Delhi

Subject : NarcoticsCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 200

Reported in : ILR1996Delhi443

case debated over the order of committal without examining complaint and witness under Sections 200 & 202 of the Criminal Procedure Code, 1973 - The complaint case was filed by a servant in discharge of his duty against two accused … the complete copies of documents as required under section 173, Criminal Procedure Code ., 1973 has been (sic) supplied to both the accused persons. The … by a court, unless the complainant and the witnesses present (if any) have been examined on oath under Section 200. (2) In an enquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses

Mamatadevi Prafullakumar Bhansali Vs. Pushpadevi Kailashkumar Agrawal ...

Court : Mumbai

Subject : CriminalFood Adulteration

Acts : Negotiable Instruments Act, 1881 - Sections 7, 8, 9, 14, 15, 26, 27, 138, 142, 145 and 146; Code of Criminal Procedure (CrPC) , 1973 - Sections 200; Evidence Act, 1882 - Sections 59, 60, 62 and 118; Prevention of Food Adulteration Act - Sections 20(1); Code of Civil Procedure (CPC) - Order 3, Rule 2; Power of Attorneys Act, 1866; Power of Attorneys (Amendment) Act, 1882; Negotiable Instruments (Amendment) Act, 2002

Reported in : II(2006)BC155; 2005(2)MhLj1003

statement of the complainant or evidence of the complainant and the witnesses, as contemplated by Section 200 of the Criminal Procedure Code, the procedure prescribed would enable the Judge to act on the basis of affidavit of the complainant and … affidavit. -- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by … special enactment, and the special procedure prescribed under Section 142 of the Negotiable Instruments Act is a complete code in itself and needs to be followed scrupulously.(ii) The non-obstante clause employed in Section 142 of the Negotiable

Shri Rajendra Baburao Gholap, Shri Chhatrapati Sahakari Sakhar Karkhan ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 39, 40, 48; Code of Criminal Procedure (CrPC) , 1973 - Sections 200

Reported in : 1998(1)BomCR600; [1997(75)FLR331]

possible to such trial. 6. A Criminal Court may be moved by a complaint made to the Magistrate. Section 200 of the Code of Criminal Procedure, 1973 (or even for that matter section 200 of the Code of … offence is one prescribed in a labour statute, it would be incorrect to brush away the requirements of Criminal Procedure Code which have been incorporated as safeguards under the Act. 7. Both the courts below erroneously over-ruled the objection … this Act, a Labour Court shall have all the powers under the Code of Criminal Procedure, 1898. (V of 1898), of a Presidency Magistrate in

Chitra NaraIn Vs. Ndtv and ors.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 200 and 202; Copyright Act, 1957 - Sections 51, 52A, 63 and 69

Reported in : 109(2004)DLT394; 2004(28)PTC238(Del)

Magistrate on 23rd January, 2004 for the aforesaid purpose. Criminal - inquiry - Sections 200 and 202 of Criminal Procedure Code, 1973 - inquiry under Section 202 - such inquiry only between complainant and Court - object of enquiry … there is no conflict in the aforesaid judgments. Ratio of these judgments lays down the following--(i) Section 202, CrPC does not require any adjudication to be made about the guilt or otherwise of the person against whom

Mrs. Chitra NaraIn Vs. Ndtv,

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 200 and 202; Copyright Act, 1957 - Sections 51, 52A, 63 and 69

Reported in : 2004CriLJ2618

order.20. Petitioner shall appear before the learned Chief Metropolitan Magistrate on 23rd January, 2004 for the aforesaid purpose. Criminal Procedure Code, 1973 - Section 202-Postponement of issue of process--Jurisdiction of Magistrate--Object of inquiry under Section 202, Cr.P.C.--Purpose of Section … preferred.'2. The answer lies in the provision of Section 202 of the Code of Criminal Procedure, 1973 itself and is emphatic 'NO'. 3. In the … for the purpose of deciding whether or not there is sufficient ground for proceeding:3. Another relevant provision is Section 200, which provides a procedure that a Magistrate taking cognizance of an offence on complaint shall examine upon oath

Hari Singh Vs. the State of U.P.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 156, 190, 200 and 203; Constitution of India - Article 32

Reported in : AIR2006SC2464; 2006CriLJ3283; 130(2006)DLT591; 2006(3)KLT269; RLW2006(4)SC2731; 2006(6)SCALE489; (2006)5SCC733

dismissed. Criminal - jurisdiction - Article 32 of Constitution of India, 1950 and Sections 190, 200 and 203 Criminal Procedure Code, 1973 - petition under Article 32 for direction to conduct enquiry by Central Bureau of Investigation (CBI) into … the First Information Report lodged by the petitioner.2. Chapter XII of the Code of Criminal Procedure, 1973 (in short the 'Code') relates to ' Information … the police, but no action in that behalf is taken, the complainant can under Section 190 read with Section 200 of the Code lay the complaint before the Magistrate having jurisdiction to take cognizance of the offence and

Vinod Sequiera Vs. Bahunji Alias G.M. Hassan Kunhi

Court : Karnataka

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 256 and 273

Reported in : ILR2009KAR184; 2009(1)KarLJ75:2008(5)KCCR3364

relevant for the purpose of this appeal are as under:The appellant filed the complaint under Section 200 of the Criminal Procedure Code, 1973 against the respondent for taking action under Section 138 of the Act alleging that the respondent borrowed … purpose of this appeal are as under:The appellant filed the complaint under Section 200 of the Criminal Procedure Code, 1973 against the respondent for taking action under Section 138 of the Act alleging that the respondent borrowed

A.R. Antulay Vs. Ramdas Sriniwas Nayak and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Criminal Law (Amendment) Act, 1952 - Sections 6, 6(1), 8, 8(1), 8(3) and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 190, 193, 200, 202, 202(2), 225, 238 to 250, 252 to 258 and 321; Prevention of Corruption Act, 1947 - Sections 5A

Reported in : AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; [1984]2SCR914; AIR 1984 SC 7187

not for satisfying private lust or sense of vengennce. Proceeding along, it was stated that the scheme of Criminal Procedure Code clearly shows that serious offences are exclusively triable by a Court of Sessions and that even if a … police officer of a certain rank, what would have been the position in law.9. Chapter XII of the CrPC, 1973 bears the heading 'Information to the police and their powers to investigate.' Section 154 provides for information to … cognizance, a special Judge will have to examine the complainant and all the witnesses present as enjoined by Section 200. The Judge thereafter ordinarily will have to postpone issue of process against the accused, and either inquire into

Poonam Chand JaIn and anr. Vs. Fazru

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 200, 203, 204, 204(1), 245, 300, 397(2) and 482

Reported in : AIR2005SC938; 2004(2)ALD(Cri)1014; 2005CriLJ100; JT2004(9)SC208; 2005(I)OLR(SC)1; (2005)139PLR40; RLW2005(1)SC104; 2004(8)SCALE833; 2004 (13) SCC 269

effect of dismissal of a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 (in short the 'Code') and whether second complaint … interesting point is raised in this appeal as to the effect of dismissal of a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 (in short the 'Code') and whether second complaint can be filed.2. … was, observed.'Therefore, if has not misdirected himself as to the scope of the enquiry made under Section 20, Criminal Procedure Code, and has judicially applied his mind to the material before him and then proceeds to make his order

Babu Rao, Mysore District. Vs. Nanjunda Settaru Mysore District

Court : Karnataka

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 142; Code Of Criminal Procedure (CrPC) 1973 - Sections 256, 200, 302(2)

allowed in part. [ANAND BYRAREDDY, J.] Negotiable Instruments Act, 1881 - Sections 138, 142; Code Of Criminal Procedure (CrPC) 1973 - Sections 256, 200, 302(2) -- The complainant, however, died soon thereafter. The complainants son filed an application … attorney holder?After discussing the case law on the point, the answers were as hereunder:1) the complaint filed under Section 200 Criminal Procedure Code or under Section 142 of the Negotiable Instruments Act would not ipso facto terminate or … the complainant, whether any other person could be permitted to prosecute the complaint and under what provisions of Criminal Procedure Code?2) If it is held that any person could be permitted to prosecute the complaint who is the competent