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Criminal Procedure Code, 1973, S,195-False Document in Court-Complaint by competent authority—Direction by High Court for investigation in matter
Bysclaw
Mar 28, 2018By sclaw
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“The charge sheet needs to include witness statements and include complete, clear entries that specify each accused person’s role” Criminal Procedure Code, 1973 (CrPC) – Section 173(2) – The appeals concern the nature of chargesheets filed by the state/police in some jurisdictions, particularly when they lack sufficient details of facts constituting the offense or relevant evidence – The main issue is whether chargesheets are being filed without adequate details or evidence, often merely reproducing the complainant’s details from the FIR, and whether this meets the legal requirements – The judgment discusses the legal position on the contents of a chargesheet as per Section 173(2) of the Code of Criminal Procedure, with reference to the recent judgment in Dablu Kujur vs. State of Jharkhand – The Court quashed the chargesheet and summoning order, discharging the appellants, and clarified that the observations made will not affect any civil proceedings.
May 5, 2024
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Penal Code, 1860 (IPC) – 147, 342, 323, 307 and 506 – Criminal Procedure Code, 1973 (CrPC) – Section 173(2) , 190 (1)(b) and 200 – Protest Petition – Magistrate to treat the Protest Petition as a complaint, proceeding according to Chapter XV of the Cr.P.C – The Court’s reasoning focused on the proper procedure for taking cognizance of an offence and the treatment of a Protest Petition when additional affidavits are filed – The conclusion emphasizes the Magistrate’s liberty to treat the Protest Petition as a complaint and the need to follow due process – The judicial opinion clarified the legal position regarding the Magistrate’s options upon receiving a closure report from the Investigating Officer.
Apr 27, 2024
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“FIR Quashed! Supreme Court Overturns Charges of Cheating After Finding Insufficient Evidence” – The Court finds that the FIR and charge-sheet, even if taken at face value, do not disclose the ingredients to attract the provision of Section 420 of IPC against the appellant – The Court discusses the principles for exercising jurisdiction under Section 482 of Cr.P.C. to quash complaints and criminal proceedings – The Court allows the appeal, quashing the order of the High Court and the FIR and charge-sheet against the appellant.
Mar 25, 2024
sclaw