basis of material collected during investigation and issue process, or in the alternative, he may take cognizance of original complaint, examine the complainant ... witnesses and thereafter issue process to accused, if he is of opinion that case should be proceeded with.
10. In M/s India Carat
proceeding, he can straight way issue notice and at this stage he has three options : (i) Straight way issue process; (ii) he can postpone ... stage where Magistrate would pass order of dismissal of complaint or issue process, in effect is, when a complaint is received, Magistrate by following procedure
basis of material collected during investigation and issue process, or in the alternative, he may take cognizance of original complaint, examine the complainant ... witnesses and thereafter issue process to accused, if he is of opinion that case should be proceeded with.
10. In M/s India Carat
order dated 18.3.2011, itself confined to the issue, whether the Magistrate has power to issue process to the accused applicant after considering closure report ... independently all the issues within four corners of law without being influenced by the reasons recorded in the order issuing process. This is the responsibility
power to reject Final Report and after taking cognizance could issue process under Section 190 Cr.P.C.; and
(ii) Whether it is case ... find that Magistrate has enough power to reject Final Report and issue process.
9. Chapter XIV, Cr.P.C . deals with conditions requisite for initiation
proceeding, he can straight way issue notice and at this stage he has three options : (i) Straight way issue process; (ii) he can postpone ... stage where Magistrate would pass order of dismissal of complaint or issue process, in effect is, when a complaint is received, Magistrate by following procedure
basis of material collected during investigation and issue process, or in the alternative, he may take cognizance of original complaint, examine the complainant ... witnesses and thereafter issue process to accused, if he is of opinion that case should be proceeded with.
13. In M/s India Carat
proceeding, he can straight way issue notice. In fact this stage, he has three options : (i) Straight way issue process; (ii) he can postpone ... stage where Magistrate would pass order of dismissal of complaint or issue process, in effect is, when a complaint is received, Magistrate by following procedure
proceeding, he can straight way issue notice and at this stage he has three options : (i) Straight way issue process; (ii) he can postpone ... stage where Magistrate would pass order of dismissal of complaint or issue process, in effect is, when a complaint is received, Magistrate by following procedure
However, it is also true that at the stage of issuing process to the accused, Magistrate is not required to record detailed reasons ... record reasons in certain situations such as dismissal of complaint without issuing process. There is no such requirement imposed on a Magistrate for passed detailed
