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CODE OF CRIMINAL PROCEDURE, 1973 PDF
CODE OF CRIMINAL PROCEDURE, 1973 Jurisprudence — Inherent Power of Courts — CPC — S 151 — Held, Courts possess inherent power in other statute also like the CPC, Section 151 whereof deals with such power — CrPC — S 482 — inherent power of the High Court — Mohit @ Sonu and another vs. State of U.P. — relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CPC — S 151 — Saving of inherent powers of court — Nothing in this Code shall be deemed to limit or otherwise affect the inherent powers of the Court — to make such orders as may be necessary for the ends of justice — or to prevent abuse of the process of court — Mohit @ Sonu and another vs. State of U.P. — relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 Interpretation of Statute —Inherent power of the Court — Criminal & Civil law — Granting of — Intention of legislature — Held, the inherent powers of the Court are in addition to the powers specifically conferred on the Court by the CPC— They are complementary to those powers — Court is free to exercise them for the purposes mentioned in Section 151 of the CPC when the exercise of those powers is not in any way in conflict what has been expressly provided in the Code or against the intentions of the Legislation— the inherent power is not to be exercised in a manner which will be contrary to or different from the procedure expressly provided in the Code—Padam Sen and Anr. v. State of Uttar Pradesh— relied—CPC — S 151. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CPC — S 151 — Scope of — The inherent jurisdiction of the Court to make orders ex debito justiciae (as of right) is undoubtedly affirmed by S.151 — but inherent jurisdiction cannot be exercised so as to nullify the provision of the CPC — Where the CPC deals expressly with a particular matter, the provision should normally be regarded as exhaustive — relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 Interpretation of Statute — CPC — S 151 — vis-a-vis — CrPC — S 482 — Enactment of — Inherent power of the Court — Exercising of — Intention of the Legislature — when there is a specific remedy provided by way of appeal or revision the inherent power under Section 482, Cr.P.C. or Section 151, C.P.C. cannot and should not be resorted to—Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal—relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 154 — Two FIRs — Same occurrence — Test of sameness — Duty of Court — Held, the Court should examine the facts and circumstances giving rise to both the F.I.Rs. — test of sameness — should be applied to find out — whether both the F.I.Rs. relate to the same incident in respect of the same occurrence — or are in regard to the incidents which are two or more parts of the same transaction. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 154 — Second FIR — Permissibility of — Essential requirements — Held, where the version in the second F.I.R. is different — & they are in respect of the two different incidents/crimes, the second F.I.R. is permissible. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 161— Statement under — Prosecution witness & investigating officer — Omission by— with regard to the contents of 161 statement — Held, The same could have been used by the prosecution after it had strictly complied with Section 145 , Evidence Act — The I.O. should have spoken to the statements of PW in his evidence to prove that he has contradicted in his earlier Section 161 statements in his evidence and, therefore, his evidence cannot be discarded to prove the prosecution case — Evidence Act — S 145. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 161 — Statements under — Scope of — are not substantive pieces of evidence but — can be used primarily for the limited purpose: — (i) of contradicting such witness by an accused under Section 145, Evidence Act; — (ii) the contradiction of such witness also by the prosecution but with the leave of the Court; — (iii) the re-examination of the witness if necessary — Evidence Act — S 145—V.K. Mishra v. State of Uttarakhand —Relied upon. PDF
CODE OF CRIMINAL PROCEDURE, 1973 Interpretation of Statute — CrPC — S 162 — term “if duly proved” — Scope of — Held, the term “if duly proved” clearly shows that the record of the statement of witnesses cannot be admitted in evidence straightaway — nor can be looked into but — they must be duly proved for the purpose of contradiction by eliciting admission from the witness during cross-examination — & also during the cross-examination of the investigating officer—V.K. Mishra v. State of Uttarakhand —Relied upon. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 197 & 482 —Private complaint — in respect of police excess and ill-treatment — on, before and after the arrest — Held, The alleged offensive conduct is reasonably connected with the performance of official duty of the Applicant— learned Magistrate could not have taken cognizance of the case without previous sanction of the State Government — Proceedings set aside. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 197 — Scope of — Public servant is entitled to protection not only in regard to an offence alleged to have been committed by him while acting as a public servant — but also in respect to the offences alleged to have been committed by him while purporting to act in discharge of his official duty. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 197 — Protection under — Object of —To protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them — while they are acting or purporting to act as public servants — D.T. Virupakshappa Vs. C. Subash —Relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 197 — Intention of legislation —to afford adequate protection to public servants — to ensure that they are not prosecuted for anything done by them — in the discharge of their official duties — without reasonable cause — and if sanction is granted— to confer on the Government — complete control of the prosecution — D.T. Virupakshappa Vs. C. Subash —Relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 197 — Protection under — Limitations — The protection is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty — and is not merely a cloak for doing the objectionable act — D.T. Virupakshappa Vs. C. Subash —Relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 197 — Protection under — Depriving of — If in doing his official duty, the Public Servant acted in excess of his duty — but there is a reasonable connection between the act & the performance of the official duty — the excess will not be a sufficient ground to deprive the public servant of the protection — D.T. Virupakshappa Vs. C. Subash —Relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 197 — Invoking of — It is not the duty which requires examination so much as the act — because the official act can be performed both in the discharge of the official duty as well as in dereliction of it — The act must fall within the scope and range of the official duties of the public servant concerned — It is the quality of the act which is important and the protection of S- 197 is available if the act falls within the scope and range of his official duty— D.T. Virupakshappa Vs. C. Subash —Relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 197 — Sanction of prosecution — Discharge of official duties — True test of — whether the act complained of was directly connected with his official duties — or it was done in the discharge of his official duties — or it was so integrally connected with or attached to his office as to be inseparable from it — D.T. Virupakshappa Vs. C. Subash —Relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 200 — Examination of complainant — Object of — is to see that the members of public are not unnecessarily harassed by false and frivolous accusations — To avoid this mischief, the Magistrate, before issuing a process & summoning a person accused of an offence — should satisfy himself of the truth or falsehood of the complaint — & then see if the matter in the complaint requires inquiry by a Court of law — Intention of Legislature. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 200 — Scope — Section 200 talks about examination of the complainant and the witnesses who are present at the time when the Magistrate takes cognizance of an offence. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 202 — Postponement of issue of process — (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him u/s 192 — may, if he thinks fit, a [and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction,] postpone the issue of process against the accused — and either inquire into the case himself — or direct an investigation to be made by a police officer — or by such other person as he thinks fit — for the purpose of deciding whether or not there is sufficient ground for proceeding: — Provided that no such direction for investigation shall be made — (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or — (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200 —(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath — (3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 202 — Postponement of issue of process — false and vexatious complaints — prevention of — the section is to contain yet another check to prevent false & vexatious complaints being filed — Power of Magistrate — Restriction on — Held, That section makes it clear that a Magistrate is not bound to issue process immediately a complaint is filed before him — but where he has doubts about the truth of the complaint — it gives him power to postpone the issue of process if he thinks fit — either to inquire into the case himself — or direct an inquiry to be made by a police officer — or even by such other person as the Magistrate thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 202 — Scope — is to separate unfounded cases from substantial cases at the outset — the provision is enabling and not obligatory — the enquiry is not intended to supersede a regular trial — it is not necessary that a magistrate shall call for an inquiry u/s 202 — It is only when he thinks fit that he may do so. PDF
CODE OF CRIMINAL PROCEDURE, 1973 Interpretation of Statute — CrPC — Ss 202 & 203 — Final Report —giving permission to challenge the report or adduce the counter evidence — Held, is not only not warranted by Sections 202 and 203, but would negative the very purpose of those sections. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 203 — Dismissal of complaint — If, after considering the statements on oath (if any) of the complainant and of the witnesses — and the result of the inquiry or investigation (if any) u/s 202 — the Magistrate is of opinion that there is no sufficient ground for proceeding — he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 203 — Dismissal of complaint — Object of — Power of Magistrate — after considering the statement on oath, if any, of the complainant — and the witnesses and the result of the investigation or inquiry, if any, u/s. 202 — if the Magistrate finds that there is no sufficient ground for proceeding — he may dismiss a complaint — In a case where he dismisses the complaint he has to record briefly the reasons for his so doing. PDF
CODE OF CRIMINAL PROCEDURE, 1973 Interpretation of Statute — CrPC — S 203 — the section does not cast any duty upon the Magistrate to examine the witnesses on his own — Not only, this section, unlike Section 200 does not provide for any such examination. PDF
CODE OF CRIMINAL PROCEDURE, 1973 Interpretation of Statute — CrPC — S 203 Construction of term — "if any" — Held, the words "if any" occurring in the Sec. 203 negatives the contention regarding the boundation on magistrate to examine the complainant & his witnesses on oath & considering their evidence along with the result of the inquiry ordered by him before dismissal of the complaint — The words "if any" obviously go with the words "the statement on oath" & "statement on oath of the complainant and the witnesses" can only refer to such statement taken either u/s 200 or 202, — section 203 does not provide for any examination either of the complainant or witnesses. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 203 — Powers on Magistrate under — Confers wide powers — Duty of the Magistrate — The discretion given to him has to be exercised judicially — Although he has a power to order an inquiry — it is he who has to judicially decide whether to proceed or not. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 203 — Taking action under — Pre-requisite for — is an investigation or enquiry under S. 202 — where there has been no investigation or inquiry under S. 202 — it is incompetent for the Magistrate to act u/s 203 — The key words in S. 203 are — "the result of the investigation or inquiry if any under S. 202.” — Chinna Konda Reddi v. Seshi Reddi — Relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 203 — Dismissal of complaint —Grounds of dismissal — must of course be proper — viz, the magistrate should have been able to come to the conclusion that there is no sufficient ground for proceeding with the complaint. PDF
CODE OF CRIMINAL PROCEDURE, 1973 Interpretation of Statute — CrPC — S 203 — Dismissal of complaint — Sufficient ground — Construction of expression — 'sufficient ground' — points exclusively to the facts which the complainant brings to the knowledge of the magistrate to his establishing prima facie case against the accused. PDF
CODE OF CRIMINAL PROCEDURE, 1973 Criminal Jurisprudence — CrPC — S 203 — Dismissal of complaint — Duty of Court — In exercising this discretionary power of summary dismissal of complaint — a magistrate should not allow himself to be influenced by other considerations — apart from the facts alleged by the complainant on oath — and the result of the investigation or inquiry, if any, if it had been ordered under S. 202 Crl. P. C. — The Magistrate cannot look into the other materials at this stage. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 203 — Dismissal of complaint —dismissals at the pre-cognizance can only be treated as rejection of the complaint—& not the dismissal. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 203 — Dismissal of complaint — Object of enactment — the section enacts that the Magistrate may dismiss a complaint— if after considering the statement on oath— if any of the complainant and the result of any investigation or enquiry under Section 202— there is, in his judgment, no sufficient ground for proceeding— and in such a case he should briefly record his reasons for so doing. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 203 — Dismissal of complaint — Judgment of the Magistrate — must be based on the statements of the complainant & his witnesses & the result of the investigation or inquiry— Vadilal Panchal v. Dattatraya —relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 203 — Dismissal of complaint — Scope — It is not obligatory upon the Magistrate — to given an opportunity to the complainant to show that the report of the police enquiry is wrong — Section 203 does not impose such a duty —the Magistrate has to consider the statement on oath, if any, — of the complainant as well as the result of the investigation or enquiry under S.202, CrPC — before he dismisses the complaint. PDF
CODE OF CRIMINAL PROCEDURE, 1973  CrPC — S 203 — Dismissal of complaint — Opportunity by Magistrate to the complainant — to adduce evidence to show that the report of the police is wrong or incorrect —is not required. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 210 — Procedure to be followed when there is a complaint case and police investigation in respect of the same offence — during an inquiry or trial relating to a complaint case — if it is brought to the notice of the Magistrate that an investigation by the police is in progress in respect of the same offence — he shall stay the proceedings of the complaint case and call for the record of the police officer conducting the investigation. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 210 — object of enactment — (i) it is intended to ensure that private complaints do not interfere with the course of justice; —(ii) it prevents harassment to the accused twice; and —(iii) it obviates anomalies which might arise from taking cognizance of the same offence more than once. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 378 —Appeal against Acquittal — NI Act — Ss 138 & 142 — Complainant’s version regarding date of advancing the loan & the date on which the accused gave a cheque not relied upon — Documents produced by the complainant not accepted as a truthful record of the transaction — Held, possibility of the accused having given a blank cheque to the complainant, much prior cannot be reasonably and satisfactorily ruled out — Complainant failed to prove the legally enforceable liability— Acquittal upheld. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 482 — inherent power of the High Court — Invoking of — Bar in — Held, when an order, not interlocutory in nature, can be assailed in the High Court in revisional jurisdiction— then there should be a bar in invoking the inherent jurisdiction of the High Court — Mohit @ Sonu and another vs. State of U.P. — relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 482 — inherent power of the High Court — Invoking of — Held, inherent power of the Court can be exercised when there is no remedy provided in the CrPC for redressal of the grievance— Mohit @ Sonu and another vs. State of U.P. — relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 482 — Quashing of complaint —DP Act — S 6 — Dowry articles — return of — Complaint against the husband & his relatives — Held, no specific allegations against relatives of the husband that the dowry articles were entrusted to them and that they have not returned the dowry amount and the articles to the deceased — no allegations that dowry articles were kept with & used by them — residing separately away from the couple in different city — Held, when the appellants 2 to 6 have been residing separately in, it cannot be said that the dowry was given to them and that they were duty bound to return the same to the bride — Complaints qua the relatives of husband quashed — Appeal partly allowed. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 482 — Inherent power of the Court — Quashing of complaint — at preliminary stage — Duty of the Court — Test — to be applied — whether the uncontroverted allegations as made in the complaint prima facie establish the offence — take into consideration any special feature which appears in a particular case to consider whether it was expedient and in the interest of justice to permit a prosecution to continue — This was so on the basis that the Court cannot be utilized for any oblique purpose — where in the opinion of the Court chances of an ultimate conviction are bleak and therefore — no useful purpose was likely to be served by allowing a criminal prosecution to continue — the Court may while taking into consideration the special facts of a case also quash the proceedings even though it may be at a preliminary stage— Madhavrao Jiwajirao Scindia & Ors. vs. Sambhajirao Chandrojirao Angre & Ors. — relied upon. PDF