AI Overview...
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Suo Moto Proceedings and Jurisdiction - Several sources discuss the Court's suo-moto powers under sections like 211 IPC and 340 Cr.P.C., highlighting that courts can initiate or exercise jurisdiction suo-moto in cases of false accusations or to review acquittals, but such actions are subject to legal constraints and procedural requirements Biswajit Nag Choudhury & Ors. VS Joy Kumar Roy @ Joy Kumar Namasudra & Others - Gauhati, Susmita Saha Dutta VS Union of India - Calcutta, CHHEDILAL AGRAWAL VS STATE OF CHHATTISGARH - Chhattisgarh.
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Section 211 IPC - False Accusation - Section 211 IPC pertains to false accusations or false claims of offence. Courts can suo-moto initiate proceedings under this section if they find allegations to be malicious or unfounded, as seen in cases where courts have filed suo-moto applications or taken cognizance of false charges Biswajit Nag Choudhury & Ors. VS Joy Kumar Roy @ Joy Kumar Namasudra & Others - Gauhati, Perumal VS Janaki - Supreme Court.
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Case Examples -
- In one case, the court found that orders were passed hastily without proper consideration, and suo-moto proceedings were initiated under section 211 IPC to prosecute false accusations Biswajit Nag Choudhury & Ors. VS Joy Kumar Roy @ Joy Kumar Namasudra & Others - Gauhati.
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Another case involved a suo-moto revenue proceeding, where proper legal provisions were not invoked, illustrating the importance of procedural adherence in suo-moto actions Susmita Saha Dutta VS Union of India - Calcutta, CHHEDILAL AGRAWAL VS STATE OF CHHATTISGARH - Chhattisgarh.
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Legal Constraints and Limitations - Courts cannot always exercise suo-moto powers arbitrarily; for example, re-investigation or further investigation under Section 173(8) Cr.P.C. cannot be directed suo-moto due to statutory bars like Section 167(2) Satnam Singh Baghchi VS State of Punjab - Punjab and Haryana.
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Revisions and Appellate Review - Several cases involve revisional jurisdiction exercised suo-moto or upon application, especially when acquittals are challenged or orders are deemed improper, emphasizing judicial oversight in suo-moto actions BALACHNDRAN vs STATE OF KERALA - Kerala, Subhash Chandra VS State - Allahabad.
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Conclusion - Suo-moto actions under IPC Section 211 are permissible in cases of false accusations or malicious prosecution, but courts must exercise this power judiciously within legal bounds, ensuring procedural propriety. These powers are used for correcting miscarriages of justice, reviewing acquittals, or initiating proceedings when necessary, but are constrained by statutory provisions and procedural safeguards Biswajit Nag Choudhury & Ors. VS Joy Kumar Roy @ Joy Kumar Namasudra & Others - Gauhati, Perumal VS Janaki - Supreme Court.
References: - Biswajit Nag Choudhury & Ors. VS Joy Kumar Roy @ Joy Kumar Namasudra & Others - Gauhati - Satnam Singh Baghchi VS State of Punjab - Punjab and Haryana - BALACHNDRAN vs STATE OF KERALA - Kerala - Susmita Saha Dutta VS Union of India - Calcutta - CHHEDILAL AGRAWAL VS STATE OF CHHATTISGARH - Chhattisgarh - Subhash Chandra VS State - Allahabad - Dnyaneshwar Manjabapu Bange VS State of Maharashtra - Bombay - Awadhesh Prasad Tiwari VS State of M. P. - Madhya Pradesh - Awadhesh Prasad Tiwari VS State of Madhya Pradesh - Crimes - Perumal VS Janaki - Supreme Court
Search Results for "Suo Moto Case 211 Ipc"
1986 0 Supreme(Gau) 103 • India - Gauhati
MANISANA
They subsequently filed an application for prosecuting the opposite party under section 211, IPC. ... Fact of the Case: The petitioners were acquitted of charges under U/Ss. 324 and 379, IPC. ... court found that the learned Judge had passed orders hurriedly without applying his mind to the facts and circumstances of the case ... Discretion under section 340 may be exercised by the Court suo moto or it ma bye moved by any person to invoke its jurisdiction under sect....
2016 0 Supreme(P&H) 2497 • India - Punjab and Haryana
SNEH PRASHAR
Section 482 - Criminal Procedure Code - 173(8) - 420, 465, 466, 467, 471 IPC Fact of the Case: The petitioner filed ... The Magistrate cannot suo moto direct a further investigation under Section 173(8) Cr.P.C. or direct a re- investigation into a case on account of the bar of Section 167(2) of the Code.” ... 8. ... On the basis of the enquiry held, Deputy Commissioner, Ferozepur got registered First Information Report No. 211 dated 08.12.2010 under Sections 420, 465, 466, 467 and 471....
2009 Supreme(Online)(KER) 20320 • India - High Court of Kerala
THOMAS P.JOSEPH, J
The Sessions Judge scrutinized the acquittal and found it improper, remanding the case for reconsideration. ... for the charge under IPC Section 354 was valid. ... Fact of the Case: The petitioner was acquitted of charges for outraging modesty and theft after a trial in the Magistrate's ... No.211 of 2000 for offences punishable under Sections 354, 201 and 379 of the Indian Penal Code (for short, “the IPC”). ... Learned Sessions Judge while examining the calendar statement and judgme....
2021 0 Supreme(Cal) 268 • India - Calcutta
RAJESH BINDAL, I. P. MUKERJI, HARISH TANDON, SOUMEN SEN, SUBRATA TALUKDAR
Finding of the Court: Question of issuing a direction to CBI to conduct investigation in a case ... A suo-moto case was initiated by Samuktala P.S. case No.211/2021 dt. 11.7.2021 on complaint that some TMC goons armed with sharped weapon and fire arms entered into house of the victim and damaged all the properties and also snatched some valuables. Proper provisions of law were not invoked. ... It is mentioned that in 268 matters, FIRs were registered by the police suo....
2020 0 Supreme(Chh) 98 • India - Chhattisgarh
RAM PRASANNA SHARMA
Indian Penal Code, 1860 – Sections 191, 193, 195, 211, 420 - Criminal Procedure Code, 1973 - Section 195 ... - When Reader of court searched for record and searched case register it is found that no revenue case bearing was registered in ... court - It is found that last case which was registered in said court in year was Revenue Case - From statements - Found that no ... Respondent No.2 initiated suo moto revenue proceeding on the ground that on 25-....
1981 0 Supreme(All) 52 • India - Allahabad
MURLIDHAR
The Magistrate acquitted the accused in the 394 IPC case and passed an incomplete order in the State case. ... filed by Uma Devi under Sec. 394 IPC. ... The State case was against seven accused for pushing complainant's brother and nephew inside a shop, while the cross case was a complaint ... Therefore, after issuing notice to the parlies, he exercised his suo-moto revisional jurisdiction and per order dated 30-9-80 held that the operative part of j....
2019 0 Supreme(Bom) 1267 • India - Bombay
SADHANA S.JADHAV
Indian Penal Code, 1860 - Sections 376, 166-A, 354-A, 354-B, 354-C, 354-D, 370, 370-A, 375, 376, 376A, 376AB ... The learned Counsel for the appellant had not addressed the suo-moto revision application. ... In the present case, since the appellant was not a custodian of the child and no charge was framed under Section 376 (2), it would not be necessary to consider the suo-moto revision for enhancement. ... After investigation, the charge-sheet was filed, case was com....
2013 0 Supreme(MP) 1224 • India - Madhya Pradesh
N.K.GUPTA
Fact of the Case: The applicant filed a petition under section 482 of the Cr.P.C. against the order dated 11.1.2011 ... petition had been filed by the accused Arvind Yadav and Rajendra Yadav, and therefore, only the order relating to registration of a case ... Issues: The issues involved the registration of a case against the applicant under section 4 of the SC/ST (Prevention of Atrocities ... Secondly, if any complaint is filed and thirdly, if the Magistrate takes a suo-moto cognizance. In the prese....
• India - Crimes
N.K.Gupta
Officer has submitted final report in the case under Sections 341, 354, 506/34 IPC and under Section 3(1)((x) of SC and St Act—Prosecutrix ... of Atrocities) Act, 1989—Section 4—Order taking cognizance of offence against police officer, the Investigating officer of the case—Applicant-investigating ... Secondly, if any complaint is filed and thirdly, if the Magistrate takes a suo moto cognizance. In the present case, no complaint was filed against the applicant by the respondent No.2. .....
2014 0 Supreme(SC) 41 • India - Supreme Court
P. SATHASIVAM, J. CHELAMESWAR
Code of Criminal Procedure, 1973 - Section 195 - Bar on taking cognizance of offences u/s 193 and 211 ... The abovementioned indisputable facts, in our opinion, prima facie may not constitute an offence under section 193 IPC but may constitute an offence under section 211 IPC. ... Admittedly, the appellant herein did not make an application to the judicial magistrate No.1, Pollachi under section 340 to ‘make a complaint’ against the respondent herein nor the said magistrate suo moto ma....
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