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1 - 10 of 14 (0.76 seconds)Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
Dr Ravikumar vs Mrs K M C Vasantha on 27 November, 2017
8. Consequently, this petition is allowed. The order
dated 12.11.2019 passed by the XXIV Additional Chief
Metropolitan Magistrate, Bengaluru, in C.C.No.27444/2019,
rejecting the 'B' report and taking cognizance of the offences
punishable under Sections 420, 506 read with Section 34 of IPC
is set aside. The case is remitted back to the learned
Magistrate to strictly consider the protest petition in accordance
with the judgment of the Coordinate Bench of this Court in Dr.
Ravikumar vs. Mrs. K.M.C. Vasantha and another [ILR
2018 KAR 1725].
The Code of Criminal Procedure, 1973
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 202 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 420 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Kamlapati Trivedi vs State Of West Bengal on 13 December, 1978
i) The court after going through the contents of the
investigating papers, filed u/s 173 of Cr.P.C., is
of the opinion that the investigation has not been
done properly, the court has no jurisdiction to
direct the Police to file the charge sheet
however, the Court may direct the Police for re
or further investigation and submit a report,
which power is inherent under section 156(3) of
Cr.P.C, but before taking cognizance such
exercise has to be done. This my view is
supported by the decisions of the Hon'ble Apex
Court in a decision reported in between
ABHINANDAN JHA vs DINESH MISHRA [AIR
1968 S.C. 117] (para 15) and also Full Bench
decision of Apex Court reported in between
KAMALAPATI TRIVEDI vs. STATE OF WEST
BENGAL [(1980) SCC 91] (second head note.)
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NC: 2026:KHC:20451
CRL.P No. 5300 of 2021
HC-KAR