Court : Sikkim
Decided on : Dec-02-1991
Reported in : 1992CriLJ843
..... : 1963 (2) cri lj 397 and vadilal panchal v. dattatraya dulaji air 1960 sc 1113 : 1960 cri lj 1499, the supreme court said that the scope of inquiry under section 203 of the code of criminal procedure is extremely limited only to the ascertainment of the truth or falsehood of the allegations made in the complaint on the materials placed by the complainant before the ..... of process has been made out. then it was observed --5. ...it is true that in coming to a decision as to whether a process should be issued the magistrate can take into consideration inherent improbabilities appearing on the face of the complaint or in the evidence led by the complaint in support of the allegations but there appears to be a ..... in a previous decision of the high court amounts to contempt of court has the approval of the supreme court in bardakanta misra v. bhimsen dixit air 1972 sc 2466 : 1973 cri lj 19. there the supreme court observed:15-16. the conduct of the appellant in not following the previous decision of the high court is calculated to create confusion ..... complainant company by publishing the item with the intention of causing harm, knowing or having reason to believe that the said publication would harm its reputation and credibility. all the accused were alleged to have committed offences under sections 500, 501, 502 read with sections 34 and 109 of the indian penal code. the same magistrate who has passed the impugned order of the present .....
Tag this Judgment!Court : Sikkim
Decided on : Aug-05-1991
Reported in : 1992CriLJ839
..... either in the making or the publication of the item. as observed in nagawwa v. veeranna, air 1976 sc 1947: (1976 crilj 1533), the scope of the inquiry under section 202 of the code of criminal procedure is extremely limited --limited only to the ascertainment of the truth or falsehood of the allegations made in the complaint on the materials placed by the complainant before ..... has been filed under sections 561-a and 439 of the code of criminal procedure, 1898, which code is still in force in the state of sikki, for quashing the order dated 7-3-1991 summoning the applicants to face a criminal case under sections 500, 501, 502, 109 and 34, i.p.c., passed by the learned judicial magistrate (east and north) sikkim in criminal misc. case no ..... of finding out whether prima facie case for issue of process has been made out. in coming to a decision as to whether a process should be issued, the magistrate can take into consideration inherent improbabilities appearing on the face of the complaint or in the evidence led by the complainant in support of the allegations. by way of illustrations, to provide ..... sufficient guidelines, it was pointed out that in the following cases an order of the magistrate issuing process against the accused can be quashed or set aside:(1) where the allegations .....
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