Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Issuance of process - At the stage of issuing process Court is not expected to examine and assess in detail material placed on record - Whether prima facie cognizable offence is disclosed or not, has to be seen...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 376B -- Order taking cognizance of offence - Rape - Trial Court passed a detailed reasoned order considering each and every aspect of matter - Cognizance of offence taken by Magistrate after he was satisfied that prima facie case is made out and summoned the applicants in exercise of power..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Deceased studied in Class 7th clearly named petitioner in her suicide note and stated that behavior of both of her teachers was not good and they used filthy language with her in class - Even there are statements of other witnesses on record which..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After filing of charge sheet - Power of Magistrate - If Magistrate does not agree with police report, he may order further investigation which is done in his capacity as supervisory authority in relation to investigation carried out by police - However, such power would continue to ensure in..........
Criminal Procedure Code, 1973, Section 311 -- Cross-examination of I.O. - Lawyers strike - Cross examination of I.O. was treated as NIL - One opportunity given to accused to cross examine I.O...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Proceedings under PWDV Act - Husband committed perjury by stating that he is residing in rented accommodation whereas he is not residing there and address is fake - Trial Court directed to issue proceeding against husband u/s 340 Cr.P.C...........
Indian Penal Code, 1860, Section 420, 468, 471, 323, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Prima facie neither any offence of cheating nor preparation of any forged documents is disclosed against accused - Predominately, dispute between parties appears to be civil nature which is being adjudicated in civil suit filed by..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Sentences imposed on accused in 69 challan cases - High Court was not justified in ordering concurrent running of sentences imposed on accused in 69 challan cases when admittedly such contention was not raised by accused - Even otherwise, High Court in its inherent powers u/s 482 Cr.P.C does..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Disposal of appeal filed by accused without record of trial Court, which was lost during pendency of appeal is not sustainable - Order of High Court set aside - Matter remanded back to High Court for hearing appeals afresh after reconstruction of record of trial Court...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304 -- Bail during pendency of appeal against conviction - Offence u/ss 498-A, 304(Part I)PC - Accused already suffered incarceration for a period of approximately 27 months out of a total sentence of 10 years R.I awarded by trial Court which is affirmed by High Court - It is thus, a fit..........
