Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - To exercise power u/s 482 Cr.P.C, complaint in its entirety has to be examined on the basis of allegations made in complaint/FIR/charge sheet - High Court at that stage is not under an obligation to go into matter or examine its correctness - Whatever appears on the face of complaint/FIR/charge-sheet..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 34 -- Quashing of proceedings - Cheating - Dispute as to agreement to sell executed between parties - Ingredients of offences in question cannot be said to be absent on basis of allegations in FIR/complaint/charge sheet - Though FIR/charge sheet indeed reveal commercial transaction but..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 211 -- Offence u/s 211 IPC - False charge u/s 211 IPC only relates to original and initial accusation through which criminal law was set in motion - Admittedly, it was not the accused who had set criminal law in motion - Petitioner came into scene only at a later point of time when case was..........
Criminal Procedure Code, 1973, Section 216(1) -- Addition of charge - When trial Court exercises power u/s 216 Cr.P.C that too at a stage after examination of accused u/s 313 Cr.P.C to add a charge for an offence which prosecution has not alleged against accused, it is necessary that trial Court shall specifically indicate the materials on record which form basis for..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - On perusal of record, it is noticed that trial Court has ventured in discussing merits of case on basis of plea taken by accused in application, despite fact that there was no occasion to discuss same at this stage that too in..........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29, Criminal Procedure Code, 1973, Section 228 -- Recovery of 3 gms opium - Recovery effected from co-accused - Memorandum of co-accused u/s 27 of Evidence Act recorded wherein co-accused stated that contraband item was supplied to him by accused - Accused was arrested on basis of said memorandum of..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Cognizance can be taken in accordance with S.195(1)(a)(i) Cr.P.C. - Complaint has to be filed by the concerned public servant to jurisdictional Magistrate for taking cognizance of the offence u/s 188 IPC - Trial on the basis of police report and charge sheet filed subsequent thereto by State police - Absolutely..........
Criminal Procedure Code, 1973, Section 173 -- Final report - S.173 Cr.P.C creates no embargo at all in filing of more than one charge sheets or final reports on basis of same investigation...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173 -- Murder - Charge-sheet - Investigation into charge sheet only on the basis of hearsay and speculation - Serious lapse and omissions and cast a serious doubt as toe investigative intent...........
