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Manharibhai Muljibhai Kakadia and anr. Vs. Shaileshbhai Mohanbhai Pate ...

Court : Supreme Court of India

Subject : Criminal

Acts : Code Of Criminal Procedure (CrPC) 1973 - Sections 203, 202, 401, 397; Indian Penal Code (IPC) 1860 - Sections 420, 467, 468, 471, 120-B

appeal is allowed as above. [R.M. Lodha; Chandramauli Kr. Prasad; Sudhansu Jyoti Mukhopadhaya, JJ.] Code Of Criminal Procedure (CrPC) 1973 - Sections 203, 202, 401, 397; Indian Penal Code (IPC) 1860 - Sections 420, 467, 468, 471, 120-B … revision preferred by the complainant challenging an order of the Magistrate dismissing the complaint under Section 203 of the Criminal Procedure Code, 1973 (for short ‘Code’).3. It is not necessary to set out the facts in detail. Suffice it to

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 … to make his order it cannot be said that he has acted erroneously. An order of dismissal under Section 203, Criminal Procedure Code, is, however, no bar to the entertainment of a second complaint on the same facts … 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

Naresh Chandra Das and ors. Vs. State of Bihar and ors.

Court : Patna

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2 and 203

liable to be set aside.14. In the result this application is allowed and the impugned order is quashed. Criminal Procedure Code, 1973, Sections 2(d) and 203 - Protest petition - Prayer made in is such--That can not be treated … I.P. Singh, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code'). It is directed against … passed by the learned Chief Judicial Magistrate, Katihar in protest/Complaint Case No. 367/2000 dismissing the complaint petition under Section 203 of the Code.2. It appears that opposite party No. 2, Deepak Chandra Das had filed a Complaint Case

Kewal Krishan S/O Lachman Das Vs. Suraj Bhan and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302 and 307; Code of Criminal Procedure (CrPC) , 1973 - Sections 27, 34, 173, 200, 202, 203, 204, 209, 227, 302 and 307

Reported in : AIR1980SC1780; 1980CriLJ1271; 1980Supp(1)SCC499

the criminal acts of the other accused persons. The Magistrate examined the complainant, Kewal Krishan under Section 200 Criminal Procedure Code. He also examined the complainant's witnesses Charanjit, Naimat Ram and Hans Raj under Section 202, Criminal Procedure Code. … .5. Learned Counsel has further taken us through the provisions of Sections 202, 203 and 227 of the CrPC, 1973 and pointed out that in a case exclusively triable by the Sessions Judge, these provisions of the new

Dr. S.S. Khanna Vs. Chief Secretary, Patna and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 202(1), 203, 300, 319, 319(1), 351 and 482; Indian Penal Code (IPC), 1860 - Sections 109, 323, 504 and 506

Reported in : AIR1983SC595; 1983(31)BLJR337; 1983(1)SCALE376; (1983)3SCC42; [1983]2SCR724

trial was commenced.5. The provision corresponding to Section 319 of the Code was Section 351 of the former Criminal Procedure Code of 1898. Section 351 of the old Code provided that any person attending a criminal court although not … a complaint is filed alongwith some other person and who after an enquiry under Section 202 of the CrPC, 1973 (Act 2 of 1974) (hereinafter referred to as the Code) is not proceeded against by the court can … which the present section is worded. Thus the section has been brought in accord with the language of Section 203 which empowers the magistrate to dismiss a complaint if he is of opinion that there is no sufficient

Remo Marketing Pvt. Ltd. Thro. Its Director Jiten Jagvir Vs. State of ...

Court : Gujarat

Subject : Criminal

Acts : 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

Reported in : (2004)3GLR2008

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 … 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, … 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

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 … complaint does not disclose any offence to take further action, he is empowered to dismiss the complaint under Section 203 of the Code. In case he finds that the complaint/evidence recorded prima facie discloses an offence, he is

Rajaram Venkatesh and ors. Vs. the State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - 498-A; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 190(1), 200, 202, 203, 204 and 482

Reported in : 1993(1)ALT(Cri)106; [1993]78CompCas28(AP); 1993CriLJ707

(Union Territory of Chandigarh) : 1980CriLJ1308 . The Supreme Court, after referring to Sections 200 - 203 of the Criminal Procedure Code, observed as follows (at pages 1310 & 1311; of Cri LJ) :- 'It is seen from the provisions … and after comparing the relevant provisions of the 1898 Code and the 1973 Code, it was held as follows (at page 1365; of Cri LJ) … Thus they have committed an offence under S. 498A of Indian Penal Code. 6. The complainant herself approached the first accused to allow her to … Thereafter, if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under section 203. If in his opinion there is sufficient ground for proceeding he may issue process under S. 204. However,

State of Bihar Vs. Ramesh Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 203, 209, 226, 227 and 228; Indian Penal Code (IPC) - Sections 201 and 302

Reported in : AIR1977SC2018; 1977CriLJ1606; (1977)4SCC39; [1978]1SCR257; 1977(9)LC788(SC); 1977 Cri LJ 1608; AIR1977SC2013

with the law. Criminal - murder or suicide - Sections 202, 203, 209, 226, 227 and 228 of Criminal Procedure Code, 1973 and Sections 201 and 302 of Indian Penal Code, 1860 - appeal against discharge of respondent under … case was committed to the Court of Sessions for trial of the respondent under Section 209 of the CrPC, 1973-hereinafter called the Code.2. When the case was opened in the Court of the IIIrd Additional Sessions Judge

Uttam Vs. the State of Maharashtra and Others

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34 and 500; Code of Criminal Procedure (CrPC) , 1973 - Sections 87, 190, 202, 202(1), 203, 204, 397, 397(2) and 482

Reported in : 1996(1)BomCR395; 1995(1)MhLj95

1. An application under section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') has been filed by … Criminal - issuing of process - Sections 34 and 500 of Indian Penal Code, 1860 and Section 397 Criminal Procedure Code, 1973 - appellant filed complaint under Section 500 against non-applicant - Magistrate issued process against non-applicant - in … so satisfied, he may recall the order issuing the process under section 204 and dismiss the complaint under Section 203 of the Code.' 8. Applying the same principles, I am also of the view that the order of