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Judgement |
| CODE OF CRIMINAL PROCEDURE, 1973 |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Constitution — Art.136 — Remedial intervention by Supreme Court — CrPC — S 195— Income Tax Act — S 131 — Lack of competence of the complainant — application for— Held, the complaint is unsustainable in law having been filed by an authority, incompetent in terms of Section 195 of the Code— Appeal allowed — Proceeding and the order set-aside. (Para 76) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Constitution — Art.136 — Remedial intervention by Supreme Court — CrPC — Ss 177, 178 and 179— Income Tax Act — S 131 — Jurisdiction of the Trial Court — Appellants had residences at Bhopal & Aurangabad — had been submitting their income tax returns at Bhopal — Search operations —conducted simultaneously— Held, a single and combine search operation had been undertaken simultaneously for the same purpose— Jurisdiction of Court — the alleged offence can be tried by courts otherwise competent at both the aforementioned places. (Para 75) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 195 —Sub-section (3) — Term “Court” — interpretation of — would mean a Civil, Revenue or Criminal court — & would include a tribunal constituted by or under a Central, Provincial or State Act — if declared by that Act to be a Court for the purposes of this section. (Para 42) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 195 sub-sections (1)(b) &(4)— In terms of sub-section (4), for the purposes of sub-section (1)(b) — a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court— or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction, such Civil Court is situated. (Para 43) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 195 sub-section (4) — Where appeals lie to more than one Court— the Appellate Court of the inferior jurisdiction shall be the Court to which such Court (in the proceedings before which the offence has been committed) shall be deemed to be subordinate —Where appeals lie to a Civil and also to a Revenue Court— the subordination would be determined by the nature of the case or the proceeding, in connection with which the offence is alleged to have been committed. (Para 44) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Intention of Legislation — CrPC — S 195 — Non compliance of— would vitiate the prosecution and all consequential orders. (Para 46) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 195 — Compliance of — for a valid complaint u/s 195 the mandate thereof has to be essentially abided. (Para 47) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 195 — Intention of Legislation —To prevent frivolous, speculative and unscrupulous allegations relating to judicial proceedings — in any court — lest the process of law is abused and public time is wasted in avoidable litigation. (Para 47) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 195 — Scope of — the section clearly carves out an exception to the otherwise conferred jurisdiction on a court under Section 190 — to take cognizance of an offence on the basis of the complaints/information from the sources as enumerated therein. (Para 61) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 125 — Maintenance — to wife, married daughter & son — maintenance not challenged qua son — Wife serving as nurse — getting the same income or even more than that of husband — deduction from the salary of husband not permanent — Sessions Court reduced maintenance to wife from `1000/- to `800/- — upheld — Married daughter — cohabiting with husband — not entitled for maintenance from the her father — Petition partly allowed. (Para 6) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 204 — Issuance of process — IPC — Ss 166, 447 & 506 r/w 34 — Order of temporary injunction — violation of — Not alleged in the complaint the order of status quo was brought to the notice of petitioner No.1. & 2 — Vague allegations in the complaint against the petitioners — No application before the Civil Court seeking action for having committed breach of the orders — Petitioner Govt. servants — the act alleged is directly & reasonably connected with their official duties— entitled for the protection u/s 197 CrPC — in the absence of sanction from the appropriate authority — show cause notice & issuance of process quashed. (Para 7 & 8) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 154(3) & 482 — Substance of information to the superintendent of police under — Legal notice was sent to the superintendent of police on behalf of an activist — Not as required under section 154 (3) — not tenable. (Para 6) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 154, 156(3) & 482 —Not filing of FIR — Allegation of — Order for registration of crime u/ss 217 & 218, IPC — Application for quashing — Letter to the incharge of Police Station on the letter head of a NGO— Not lodged any report before the Police u/s 154 (1) of Cr.P.C. —not taken recourse to file any application u/s 154 (3) — the said letter did not contain relevant particulars — Held, the Officer, Incharge of the concerned police station was certainly could not have registered the FIR on the basis of vague statement made in the said letter— Non application of mind by ld. Magistrate — Order quashed. (Para 6 &7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 154, 156(3) & 482 —Not filing of FIR — Allegation of — Order for registration of crime u/ss 217 & 218, IPC — Application for quashing — Letter to the incharge of Police Station on the letter head of a NGO— Not lodged any report before the Police u/s 154 (1) of Cr.P.C. —not taken recourse to file any application u/s 154 (3) — the said letter did not contain relevant particulars — Held, the Officer, Incharge of the concerned police station was certainly could not have registered the FIR on the basis of vague statement made in the said letter— Non application of mind by ld. Magistrate — Order quashed. (Para 6 &7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 154(3) & 482 — Substance of information to the superintendent of police under — Legal notice was sent to the superintendent of police on behalf of an activist — Not as required under section 154 (3) — not tenable. (Para 6) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 156(3) — Scope of — Exercising jurisdiction on a complaint filed in terms of Section 156(3) or Section 200 Cr.P.C. — Duty of the Magistrate—Held, to refer the matter u/s 156(3), against a public servant without a valid sanction order, is not permissible — the Magistrate is required to apply his mind— The application of mind should be reflected in the order — Anil Kumar Yadav Vs. M.K. Aiyappa —referred. (Para 8) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 156(3) — Investigation under — Duty of the Magistrate — Held, learned Magistrate has to remain vigilant with regard to the allegations made — & the nature of allegations — & not to issue directions without proper application of mind — He has also to bear in mind that sending the matter would be conducive to justice and then he may pass the requisite order — Priyanka Srivastava & Anr. vs. State of U.P —ABC (2015)II 35(SC)—referred. (Para 9) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 156(3) — Power under — Duty of Magistrate —Held, the power u/s 156(3) warrants application of judicial mind — A court of law is involved — It is not the police taking steps at the stage of Section 154 of the code. — Priyanka Srivastava & Anr. vs. State of U.P —ABC (2015)II 35(SC)—referred. (Para 9) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 156(3) — Power under — Invoking of — A litigant at his own whim cannot invoke the authority of the Magistrate — A principled and really grieved citizen with clean hands must have free access to invoke the said power — It protects the citizen— Priyanka Srivastava & Anr. vs. State of U.P —ABC (2015)II 35(SC)—referred. (Para 9) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 156(3) — Power of the Magistrate under — Exercising of — Cannot be exercised mechanically but are required to be exercised judiciously—Pandharinath Narayan Patil & Ors. Vs. State of Maharashtra & Anr. —referred. (Para 10) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 156(3) — Investigation under — Duty of the Magistrate — The Magistrate is not required to embark upon an in-depth roving enquiry — as to the reliability or genuineness of the allegations— nonetheless, he has to arrive at a conclusion that the application discloses necessary ingredients of the offence for which investigation is intended to be ordered— Furthermore, the reasons for arriving at such conclusion should be clearly reflected in the order—Pandharinath Narayan Patil & Ors. Vs. State of Maharashtra & Anr. —referred. (Para 10) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 154(1), 154(3)& 156(3) — Not filed any application u/s 154(1) or 154(3) — No affidavit in support of the application u/s 156(3) — Held, the learned Magistrate had ordered registration of crime without even verifying whether the concerned police officer had in fact registered any crime or whether he had undertaken any preliminary enquiry prior to registration of the crime— quashed —CrPC — S 482. (Para 11) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 156(3) — Referring matter under — Sanction for — Special Judge /Magistrate cannot refer the matter under section 156(3) of Cr.P.C. against the public servant without a valid sanction order. (Para 12) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 197(3) — Protection under — members of the police force; Dadra and Nagar Haveli, though not public servants within the meaning of section 197(1) of Cr.P.C., are also entitled for protection under section 197(3) of Cr.P.C. — The acts alleged were performed by the applicant in discharge of official duties and are reasonably connected with his official duties. (Para 13) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 156(3) & 197(3) — Issuance of the order of prosecution by ld Magistrate u/s 156(3)— Applicant a member of Police force — would be entitled for the benefit of Sec. 197(3) — No sanction order — Order u/s 156 (3) quashed & set aside. (Para 13) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 161 & 137 — Statement of witness before police vis-à-vis statement during Examination-in-Chief — Contradiction between — Held, vital contradictions forthcoming on the record which have been duly proved — deposition does not inspire any confidence — fatal to prosecution. (Para 19) |
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