Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court is not required to conduct mini trial at the stage of discharge and/or while exercising powers u/s 482 Cr.P.C. - Court has a very limited jurisdiction and is required to consider "whether any sufficient material is available to proceed further against accused for which accused is required to be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Whether criminal proceedings were malicious or not, is not required to be considered at the stage of quashing of proceedings - Same is required to be considered at the conclusion of trial - At this stage, what is required to be considered is a prima facie case and material collected during course of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused neither challenged the first extension which was granted in his absence nor challenged the second extension granted in his presence - Therefore, when charge sheet was filed within period of second extension, accused not entitled to be released on default bail - Default bail application rightly..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Lack of jurisdiction of a Court to entertain a complaint can be no ground to order its transfer...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Merely because majority of accused and majority of witnesses are residents of place where transfer is sought, is no ground for transfer of case...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if Magistrate finds that insistence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Accused availed his indefeasible right to statutory bail immediately when period of 180 days had expired - Same cannot be defeated by subsequent filing of challan by investigating agency...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for completing investigation - Neither report of Public Prosecutor is on record of Court below, nor there is any reference to any such report of Public Prosecutor in impugned order of extension of time - Even, communication of..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court earlier rejected bail application - Trial Court granted bail on filing of fresh bail application, having due regard to the nature of offence, fact that other accused had been granted bail and that charge sheet has been submitted - Order of trial Judge does not indicate that he had applied..........
