Issue of Process Archives

Recording reasons for non-examination of witness not mandatory under S. 202 CrPC: Bombay High Court

Verification of complaint without recording the reasons for non-examination of witnesses on affidavit, while exercising the power of issuing process, under Section 202 of CrPC would not amount to any procedural lapse.

Case Briefs Supreme Court

Investigation should not be thwarted by quashing FIR alleging dishonest conduct of an accused: Supreme Court

The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.

Case Briefs High Courts

Bom HC | Question whether complaint under S. 138 NI Act filed within limitation period is to be considered at trial; quashing of issue of process denied

Bombay High Court: S.S Shinde, J. dismissed a criminal application filed against the order of a Judicial Magistrate thereby issuing process against the