Digest - Criminal Procedure Code, 1973 (Arranged Section wise)

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*Criminal Procedure Code, 1973* - Complaint governed by Cr.P.C. - Amendment - There is no complete ban/bar of amendment in complaints in Criminal Courts which are governed by the Code, though undoubtedly such power to allow amendment has to be exercised sparingly and with caution under limited circumstances.
2016(3) Criminal Court Cases 336 (S.C.)

*Criminal Procedure Code, 1973, Ss.2(c), 41(1)(b), 41(1)(b)(a), 157(1), 173(2)(f), 173(2)(g)* - Arrest - Investigating agency is not obliged to arrest accused whenever cognizable offence is registered - Discretion to arrest accused has to be exercised by investigating agency by applying principles laid down in the Code itself.
2017(Suppl.) Criminal Court Cases 696 (Delhi) (DB)

*Criminal Procedure Code, 1973, S.2(d), Indian Penal Code, 1860, Ss.323, 504* - Non cognizable offence - Charge sheet of non cognizable offence to be treated as complaint - Charge sheet u/ss 323, 504 IPC - Order taking cognizance by Magistrate set aide - Magistrate may pass an order u/s 190(1)(a) of Cr.P.C. taking cognizance of the case instead of S.190(1)(b) Cr.P.C. - Case remanded back.
2009(1) Criminal Court Cases 191 (Allahabad)

*Criminal Procedure Code, 1973, S.2(d)* - Complaint - Charge sheet submitted for offence u/s 332 IPC, which is a cognizable offence - Cannot be held to be a complaint.
2017(Suppl.) Criminal Court Cases 778 (Orissa)

*Criminal Procedure Code, 1973, Ss.2(d), 154* - Complaint - An information is a complaint only when it is made to a Magistrate - Information u/s 154 given to a police officer orally or in writing can be the basis for the police officer-in-charge of police station to proceed with the matter.
2010(1) Criminal Court Cases 388 (Bombay) (FB)

*Criminal Procedure Code, 1973, Ss.2(d), 155(2), Indian Penal Code, 1860, Ss.323, 504 & 506* - Offence u/ss 323, 504, 506 - Police after investigation submitted report disclosing commission of non cognizable offence - Investigating Officer shall be deemed to be complainant - Charge sheet to be treated as a complaint and procedure of complaint case to be followed - Order taking cognizance on the charge sheet and summoning accused following procedure prescribed for trial of cases on police report - Order quashed.
2012(2) Criminal Court Cases 656 (Allahabad)

*Criminal Procedure Code, 1973, Ss.2(d), 190(1)(a)* - Complaint within the meaning of S.2(d) Cr.P.C. should be any allegation made orally or in writing to a Magistrate and the same should be with a view to his taking action under the Code, and that the allegation should be that some person has committed an offence - Whereas, a complaint within the meaning of S.190(1)(a) Cr.P.C. has an additional qualification that such a complaint should be a complaint of facts which constitute such offence.
2016(4) Criminal Court Cases 043 (Kerala)

*Criminal Procedure Code, 1973, Ss.2(d), 200, Negotiable Instruments Act, 1881, S.138* - Dishonour of cheque - Complaint - It is not necessary to insist on personal appearance of complainant invariably in all cases when complaint is presented.
2008(1) Criminal Court Cases 245 (Kerala)

*Criminal Procedure Code, 1973, Ss.2(d), 397* - Dismissal of complaint - Merely on the ground that complainant has not been able to furnish correct address of accused, is one passed without jurisdiction and amounts to an order of finality - Said order is revisable in terms of S.397 Cr.P.C.
2017(3) Criminal Court Cases 857 (Kerala)

*Criminal Procedure Code, 1973, Ss.2(d) and 198(1), Indian Penal Code, 1860, S.494* - Bigamy - Complaint has to be filed by aggrieved person - Cognizance cannot be taken on basis of police report - For offence of bigamy first wife would be the aggrieved person.
2007(1) Criminal Court Cases 1075 (Allahabad)

*Criminal Procedure Code, 1973, S.2(g)* - Inquiry - "Every inquiry, other than a trial, conducted under this Code by a magistrate or court" refers to the pre trial inquiry.
2002(2) Criminal Court Cases 174 (S.C.)

*Criminal Procedure Code, 1973, S.2(g)* - Inquiry - Trial - Inquiry is defined by section 2 (g) as 'every inquiry, other than a trial' - Trial not defined - Trial is clearly distinguishable from inquiry - Trial is distinct from inquiry and inquiry must always be a forerunner to the trial.
2004(2) Criminal Court Cases 514 (S.C.)

*Criminal Procedure Code, 1973, S.2(g)* - Trial and enquiry - Distinction - Trial is distinct from inquiry and inquiry must always be a forerunner to the trial.
2004(1) Criminal Court Cases 516 (S.C.)

*Criminal Procedure Code, 1973, S.2(h), Constitution of India, Art.226* - Investigation - IO exercising power of investigation mala fide or not investigating at all - High Court under Article 226 of the Constitution has power to issue appropriate direction - Even in such a case, High Court cannot direct police as to how the investigation is to be conducted but can insist only for the observance of process as provided for in Cr.P.C. - Another remedy available to aggrieved person is to file a complaint u/s 200 Cr.P.C.
2012(1) Criminal Court Cases 437 (S.C.)

*Criminal Procedure Code, 1973, S.2(h)* - Investigation - Accused has no right to be heard at the stage of investigation.
2009(3) Criminal Court Cases 719 (S.C.)

*Criminal Procedure Code, 1973, S.2(h)* - Investigation - Power of Court to monitor investigation - In a case where Magistrate finds that the police has not done its duty of investigating the case at all or has not done it satisfactorily, he can issue a direction to police to do the investigation properly and can monitor the same - Court can direct the IO to question the defacto complainant and also the doctor or medical experts to clear the doubts relating to actual criminal act committed by accused. 2009(1) Criminal Court Cases 539 (Kerala)