The Magistrate has been given an undoubted discretion in the matter and the discretion has to be judicially exercised by him. Once the Magistrate has exercised his discretion it is not for the High Court or even the Supreme Court, to substitute its own discretion for that of the Magistrate or to examine the case on merits with a view to find out whether or not the allegations in the complaint, if proved, would ultimately end in conviction of the accused. These considerations are totally foreign to the scope and ambit of an inquiry u/s 202 which culminates into an order u/s 204.
Criminal cases have to be proceeded with in accordance with the procedure as prescribed under the Code of Criminal Procedure and the pendency of a civil action in a different court even though higher in status and authority, cannot be made a basis for quashing of the proceedings.
A seizure is made at a particular moment when a person or authority takes into his possession some property which was earlier not in his possession. Thus, seizure is done at a particular moment of time. However, if after seizing…
5 of 1898 An Act to consolidate and amend the law relating to Criminal Procedure Whereas it is expedient to consolidate and amend the law relating to Criminal Procedure; It is hereby enacted as follows PART 1: PRELIMINARY: CHAPTER 1:…
A case diary shall be kept under lock and key, and, when sent by one officer to another, whether by post or otherwise, shall be sent in a closed cover directed to the addressee by name and superscribed "Case diary". A case diary sent to the Court office shall be addressed to the senior Court officer by name
Code of Criminal Procedure -1973 [Section 41 to Section 60A] "Cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law…
Punishment up to Two years
The Summons / Warrants to be executed by Police. The copy of the Complaint along with all the documents relied upon by the Complainant must be furnished to the accused
Dismissal of Complaint for default – section 256
Examination of accused u/s 313
Section 353: Judgment
Section 360: Order to release on probation of good conduct or after admonition:
Section 309: Adjournments
Sections 406 to 412: Transfer of cases