Showing : 31-40 of 233 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 204(4), 397-- Dismissal of complaint u/s 204(4) Cr.P.C. - Amounts to termination of criminal proceedings, which is final order and revisable u/s 397 Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311, 315, 391-- Calling of witnesses in appeal - Additional evidence can only be allowed to be taken if the Court feels that recording thereof is essential for just decision of the case - Dismissal of application by holding that evidence of such witnesses was not at all essential for just and correct decision of..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 374, 384-- Appeal against conviction - Dismissal for want of prosecution - Court was under duty to issue arrest warrant or bailable warrant as the case may be if appellants themselves not present - In the absence of counsel of appellants, accused cannot be left unheard and condemned without any hearing -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 372, 385(2), Indian Penal Code, 1860, Section 302, 307, 201, 34-- Appeal against acquittal - Dismissal of appeal by High Court cursorily and by a cryptic order - Impugned order set aside - Matter remanded - High Court to decide appeal afresh on merits...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, 401-- Revision - Dismissal of appeal against acquittal - Revisional jurisdiction is to be exercised only in exceptional cases where interest of public justice require interference for correction of a manifest illegality or prevention of gross miscarriage of justice...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 406, 363-- -Revision - Dismissal of appeal against acquittal - Offence u/ss 498-A, 406, 363 IPC - Appeal filed against judgment of acquittal after almost 2 years - No explanation given for such inordinate delay and petitioner was well versed with the progress of case - It is thus not a fit case for..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 256-- Non-appearance of complainant on the date of hearing not a sufficient ground for acquitting the accused - Code no where specifies dismissal of compliant or discharge of accused when complainant remains absent - Discretion either to dismiss the case or to adjourn the main case is to be exercised by..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 256, 317-- Non-appearance of complainant - Earlier both parties did not appear - But accused filed application u/s 317 Cr.P.C. and same was allowed - For continuation of proceedings, trial Court directed complainant to appear for the purpose of cross-examination - However, complainant failed to appear before..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 2(d), 397-- Dismissal of complaint - Merely on the ground that complainant has not been able to furnish correct address of accused, is one passed without jurisdiction and amounts to an order of finality - Said order is revisable in terms of S.397 Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, 401, 319-- Revision - Dismissal of application u/s 319 Cr.P.C.- Revisional Court while remanding the matter back to trial Court exceeded its jurisdiction by issuing directions to trial Court to take cognizance against petitioners - As a matter of fact, if revisional Court found the order of trial Court..........

Showing : 31-40 of 233 Results