The relevant extract of Section 197 1 of Criminal Procedure Code Cr. Postponement of issue of process. This website is meant only for providing free legal information to its visitors, without any warranty. I have considered the submission made by learned counsel for the Petitioner and carefully gone through the record. The nature and extent of such corroboration will depend upon the facts and circumstances of each case. Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.
The reasons for dismissing a complaint should be based on the inference of facts arising from or discovered by the complaint, the examination of the complaint, and the investigation, if any, made under Section 202. Provision of section 191 of the Code is not applicable in the case triable in the Court of Sessions. Section 173—Naraji Petition—When a naraji petition is filed against the police report the same should be disposed of in accordance with law. Assistance in relation to orders of attachment or forfeiture of property. As per Section 203 of the Code of Criminal Procedure, if, after considering the statements on oath if any of the complaint and of the witnesses and the result of the inquiry or investigation if any under Section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. Section CrPc: Guidelines for mutually satisfactory disposition.
We are supported in the view taken by us by the decision of this Court in Ajoy Kumar Ghose supra. Answer: There are two parts in this question: 1 whether sanction under Section 197 of Cr. It can be used only for limited purposes, like corroborating under section 157 of the Evidence Act or contradicting cross-examination under section 145 of Evidence Act the maker thereof, or to show that the implication of the accused was not an after-thought. In such a position the Magistrate committed no illegality in taking cognisance against the petitioner without examining the complainant under section 200 of the Code. Section 195 1 a —If the officer to complain is the officer also to take cognizance then there is no necessity of fling a written complaint by the same officer to himself for taking cognizance of an offence against the accused persons. Section 195 1 c —Use of a photo copy of the forged document could not amount to the use of a forged document. Guidelines for mutually satisfactory disposition.
In passing such order the Magistrate has sufficient jurisdiction to pass ancillary orders so as to make his order of prohibition effective and, if necessary, to pass orders for removal of any obstruction in the pathway. He can extend the period of investigation for an indefinite period or direct further investigation from time to time as occasion requires. In the present case in view of the positive finding of the High Court Division and on the failure of the learned Advocate to show before us that, in fact, the allegedly fraudulent document was produced in Cr Case No. Investigation by a police officer in the instant case is an antecedent proceeding. .
Before recording a confession a Magistrate is bound to make real and substantial inquiry as to the voluntariness of the confession. Cognizance of offences by Courts of Session. In the case of a Metropolitan Magistrate taking action under this section, if at any stage of the proceeding, he is of the opinion that the dispute calls for an action under Section 107, he shall after recording his reasons, forward the necessary information to the Executive Magistrate having jurisdiction, to enable him to proceed under that section. When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 188, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the court holding such inquiry or trial in any case in which such court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate. Section 161—The witness claiming to have seen the occurrence admittedly resides at a far off place—Some time had therefore elapsed to find him and for recording his statement No adverse presumption should be drawn because of the delay in recording his statement. Such an act of the accused-petitioners can never be said to be an act done by them while acting or purporting to act in the discharge of official duty.
On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. Section 164 3 —The requirement of adherence to the provisions of section 164 3 of the Code of Criminal Procedure is not a mere matter of form, but substance. Sections 203, 205 1 , 436 and 561A—Sessions Judge cannot direct the Magistrate to take cognizance of a case. The Magistrate may drop the proceedings if he is satisfied on reconsideration of the complaint that there is no offence for which the accused could be tried. Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge or such child, and may compel compliance with such order, using such force as may be necessary. The court may infer from these facts that A was not misled, and that the error in the charge was immaterial. Section 145 4 —Before passing any order under sub-section 4 the Court is required to enquire as regards the fact of actual possession of evidence to be adduced by the parties and if the Magistrate does not comply with this mandatory requirement then ex facie the order must be held to be adduced by the parties and if the Magistrate does not comply with this mandatory requirement then ex facie the order must be held to be illegal as in the instant case.
A part of the confessional statement favourable to the accused should be given due weight to it unless Court finds the same not true being contrary to other evidence on record. As such, on the ground of initiating the proceeding at Chittagong this proceeding cannot be quashed. Section 167 5 —After the amendment of the provisions of sub-section 5 of section 167 of the Code in 1992 there is no scope of stopping the investigation on the ground of expire of time limit specified for investigation. Procedure by Magistrate not competent to take cognizance of the case. There is no merit in the writ petition and the same is hereby dismissed. A Magistrate should not dismiss a complaint without hearing the witnesses of the complainant present in Court.
If the complaint is made to a Magistrate who is not competent to take cognizance of the offence he shall- a if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect; b if the complaint is not in writing, direct the complainant to the proper Court. Section 164—There is no hard and fast rule that a retracted confession must be discarded. Section 155 2 —There is no legal bar on the part of the police officer receiving an information about a non-cognizable offence in recording the same in the general diary and obtaining permission from a competent Magistrate to investigate into the case. That was a case where the trial Court had framed charges against the accused without the prosecution having any evidence whatsoever in terms of Section 244 of the Cr. The criminal Court should not take cognizance on a private complaint. The extension allowed was no extension in the eye of law.
Search for persons wrongfully confined. It appears that the High Court considered the deposition of this complainant and his witnesses recorded before the appearance of the accused under Section 202 of the Cr. Order under sub-section 5 based on objective satisfaction—open to wider challenge on revision. On receiving the police report the Magistrate may take cognizance of the offence under Section 190 1 b and straightaway issue process. Section 164—Exculpatory statement uncorroborated by any other evidence cannot be the basis of conviction. There must not be any reason for doubt as to the truth of the statements, be it circumstantial or proved otherwise.