Criminal Procedure Code, 1973, Section 173(2), 397, 398, 399, 400, 401 -- Police report - Magistrate went through the entire records of case not limiting to police report and passed a reasoned order that it is not fit case to take cognizance for purpose of issuing process - Unless order passed by Magistrate is perverse or view taken by Court is wholly unreasonable,..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - An order of Magistrate rejecting an application u/s 156(3) Cr.P.C. for a direction to police to register and investigate, is not an interlocutory order - Such an order affects the valuable rights of complainant and is a matter of moment - Access to remedy of..........
Criminal Procedure Code, 1973, Section 397(2) -- Term `interlocutory order' - An order which deals with matters of moment and which affects or adjudicates upon rights or a particular aspect of trial is not an interlocutory order so as to be outside the pale of revision...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - A prospective accused is entitled to be heard in revision u/s 397 Cr.P.C. against an order rejecting application u/s 156(3) Cr.P.C. - Fact that in the event of remand by revisional Court to Magistrate, for fresh consideration of an application u/s 156(3) Cr.P.C...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 397, 302 -- Robbery with murder - Incident lasted for 90 seconds - Possibility of remembering the faces of accused persons after 7-1/2 years of incident, particularly in the absence of previous acquaintance - Held, in the circumstances on which the witness had seen accused persons even for 90 seconds is..........
Indian Penal Code, 1860, Section 392, 397, Arms Act, 1959, Section 25 -- Robbery - Trial court record does not contain the original memos/documents/exhibits - In absence of original record Court is not in a position to appreciate the statements of witnesses recorded during trial effectively - Conviction of accused cannot be sustained when original memos/exhibits are not on..........
Indian Penal Code, 1860, Section 392, 397, Arms Act, 1959, Section 25 -- Robbery - Robbed article i.e mobile phone was not recovered from possession of accused - Complainant did not state if present accused after snatching mobile from him had handed over it to associate on motorcycle - PWs gave divergent statements regarding recovery of knife - No other public person..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397(2), Family Courts Act, 1984, Section 19(1) -- Interlocutory order - Appeal against - Purely interlocutory orders which do not substantially affect or determine the rights and liabilities of the parties, shall not be appealable within the meaning of S.29 of the Act..........
Criminal Procedure Code, 1973, Section 397, 398, 203, 204 -- Revisional jurisdiction - Offence u/ss 294, 354 & 506 - Revisional court is not competent to pass an order of summoning accused while disposing of revision petition preferred by complainant whose complaint has been dismissed by trial court after recording preliminary evidence and finding that there is no..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 397, 401 -- Absence of sanction to prosecute - Case consigned to record - Consigning of case to record is an interlocutory order - Revision against interlocutory order is not maintainable...........
