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1 - 10 of 11 (0.59 seconds)Section 156 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 154 in The Code of Criminal Procedure, 1973 [Entire Act]
Iqbal Singh Marwah & Anr vs Meenakshi Marwah & Anr on 11 March, 2005
(v) Latika Kumari Vs. Government of U.P. and Ors.5;
(vi) Iqbal Singh Marwah and Anr. Vs. Meenakshi Marwah and Anr.6.
7) Mr. Girish Kulkarni, learned Senior Counsel for the Respondent
No.2 submitted that, there is sufficient compliance of the provisions of
1 (2015)6 SCC 287.
2 Criminal Petition No.7866/2022 a/w. Criminal Petition No.833/2023 (Karnataka High Court).
3 Special Leave Petition (Cril.) No.8931-8932/2023 arising out of Criminal Petition No.
7866/2022 a/w. Criminal Petition No. 833 of 2023.
4 Criminal Appeal No.252 of 2022 (Supreme Court for quashing)
5 Criminal Writ Petition No. 68/2008 (Supreme Court)
6 Criminal Appeal No. 402/2005 (Supreme Court)
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V.A. Tikam WP 3240 of 2014.doc
Sayed Anwar Ahmed And Anr vs The State Of Maharashtra And Anr on 28 February, 2017
12) Our conclusion above is well supported by the settled position
of law and as has been enunciated by this Court in the case of Sayed Anwar
Ahmed & Anr. vs. The State of Maharashtra & Anr. : 2017 SCC OnLine 3972
that, "While dealing with a complaint seeking an action under Sub-Section
(3) of Section 156 of Cr.P.C, the learned Magistrate cannot act mechanically.
He is required to apply his mind to the contents of the Complaint and the
documents produced along with the Complaint. An Order passed on the said
complaint must record reasons in brief which should indicate application of
mind by the Magistrate. However, it not necessary to record detailed
reasons. The power under Sub-Section (3) of Section 156 is discretionary.
Only because on plain reading of the Complaint, a case of commission of
cognizable offence is made out, an Order of investigation should not be
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V.A. Tikam WP 3240 of 2014.doc
mechanically passed. In a given case, the learned Magistrate can go in to the
issue of the veracity of the allegations made in the complaint. The learned
Magistrate must also consider the other relevant aspects such as the
inordinate delay on the part of the Complainant. The nature of the
transaction and pendency of civil proceedings on the subject are also
relevant considerations. Necessary averments recording compliance with
Sub-Sections (1) and (3) of Section 154 of the Cr.P.C. should be incorporated
with material particulars. Moreover, the documents in support of the said
averments must be filed on record".
Article 226 in Constitution of India [Constitution]
Priyanka Srivastava & Anr vs State Of U.P.& Ors on 19 March, 2015
Since it has not been stated that the
ruling will have a prospective effect, the decision of the Hon'ble Apex Court
in the case of Priyanka Srivastava and Anr. Vs. State of Uttar Pradesh and
Ors. (supra) will have a retrospective effect and this was absolutely
elementary and this Court fails to understand as to how the Court below
missed this simple concept".
Article 227 in Constitution of India [Constitution]
Kamla Bai @ Priyanka Srivastava vs State Of U.P. on 29 August, 2022
Such an affidavit is not
necessary in this case because the complaint was filed before the date of the
decision in the case of Priyanka Srivastava (supra), therefore, this reported
decision has no retrospective effect. The offence stated in the complaint is
clearly made out against the Petitioner. There is nothing wrong with the
impugned Order as the same is passed with proper application of mind as
required by law. As such, there is no substance in the submissions advanced
on behalf of the Petitioner, therefore, the Petition may be dismissed.