Search Results for "Section 202 inquiry"

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Search Results for "Section 202 inquiry"

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High Court

Bombay High Court Quashes FIR in Matrimonial Dispute Due to Procedural Irregularity — Magistrate Cannot Revert to Pre-Cognizance Stage After Taking Cognizance Under Section 202 Cr.P.C. Once cognizance is taken, the Magistrate loses jurisdiction to order investigation under Section 156(3) Cr.P.C., and the order directing registration of FIR without considering the police report indicates non-application of mind.

7 Oct 2024

The petitioner, Vinisha Sawant, filed a criminal writ petition seeking quashing of FIR No. 1 of 2023 registered with CBD Belapur Police Station, Navi ...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Purely Civil Nature of Dispute — Non-Payment of Dues Does Not Attract Criminal Breach of Trust Under Section 406 IPC.

3 Sep 2024

The Supreme Court allowed the appeal filed by Delhi Race Club (1940) Ltd. and its office bearers against the order of the Allahabad High Court which h...

Supreme Court

Supreme Court Allows Appeal in Criminal Complaint for Alleged False Affidavit Under Representation of People Act — High Court Erred in Not Quashing Summoning Order as Complaint Did Not Disclose Offence Under Sections 420, 465-471 IPC. The Court held that the essential ingredients of cheating and forgery were not made out as the complaint did not allege any fraudulent or dishonest intention to deceive the Election Commission.

28 Apr 2023

The present appeals arise from a private complaint filed by the respondent-complainant before the learned ACJM, Hoshiarpur, alleging offences under Se...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Archbishop in Property Alienation Case Under Section 482 CrPC. The Court held that complaints alleging offences under Sections 120B, 406, 423 read with 34 IPC were not maintainable as they pertained to civil disputes and lacked essential ingredients of criminal offences, constituting abuse of process of court.

17 Mar 2023

The Supreme Court considered appeals arising from the High Court of Kerala's common judgment dismissing petitions under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Allows Appeal in Criminal Complaint Dismissal Case — Inquiry Under Section 202 CrPC Must Be Complete Before Dismissal Under Section 203 CrPC. Magistrate's failure to examine witnesses after ordering inquiry under Section 202 CrPC renders dismissal under Section 203 CrPC invalid.

1 Jan 2023

The case arises from a criminal complaint filed by the first respondent under Section 200 CrPC alleging offences under Sections 323, 342, 500, 504, 50...

High Court

High Court of Karnataka Examines Default Bail Plea Against Custody Extension Under Organised Crime Act. Statutory Bail Application Ignored; Extension Sought Beyond 90 Days Violates Section 167(2) Cr.P.C. and Fundamental Rights.

21 Oct 2022

The petitioner, an accused in a murder case under the Karnataka Control of Organized Crimes Act, 2000, filed a writ petition challenging the order of ...

High Court

Bombay High Court Quashes Process in Defamation Case for Non-Compliance with Section 202 Cr.P.C. — Mandatory Inquiry Required When Accused Resides Outside Magistrate's Jurisdiction. Issuance of process under Section 204 Cr.P.C. without holding inquiry under Section 202 Cr.P.C. is illegal and unsustainable.

5 Aug 2019

The petitioner, Shri Janardan Mitharam Jangale, filed a Criminal Writ Petition before the Bombay High Court challenging the order dated 18.04.2018 pas...

Supreme Court

Supreme Court Allows Appeal Against High Court Order in Dowry Death Case — Sets Aside Direction for Fresh Consideration of Protest Petition. Magistrate's Order Accepting Final Report Upheld as Protest Petition Was Duly Considered and No Prima Facie Case Was Made Out Under Sections 304B, 498A, 201 IPC and Dowry Prohibition Act.

9 Jul 2019

The appeal arose from a criminal case registered under Sections 201, 304B, and 498A of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry ...

High Court

High Court of Karnataka Quashes FIR and Proceedings in PCR Complaint Sent by Post — Magistrate Failed to Follow Procedure Under Section 200 Cr.P.C. Before Referring to Police Under Section 156(3) Cr.P.C. Complaint sent by post requires examination of complainant under Section 200 Cr.P.C. before any further action; order under Section 156(3) Cr.P.C. without such examination is illegal.

16 Apr 2019

The petitioner, Yakoob Sharief, filed a petition under Section 482 Cr.P.C. seeking quashing of FIR in Crime No.86/2012 and proceedings in PCR No.95/20...

High Court

Bombay High Court Dismisses Petition Challenging Restoration of Land to Scheduled Tribe Under Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 — Petitioner's Long Possession as Tenant Does Not Bar Restoration.

2 Feb 2015

The petitioner, Hirakant Ramchandra Kothari, filed a writ petition under Article 227 of the Constitution of India challenging two orders: one dated 23...

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