PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439-- Recovery of 44 gms Diphenoxylate Hydrochloride - Bail - Recovered contraband would fall within intermediate quantity i.e less than `commercial quantity' - It is debatable as to whether each of two accused can be attributed conscious possession of contraband carried by co-accused - More so, accused..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material witness or examine a..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Court can consider unimpeachable evidence while exercising jurisdiction for quashing u/s 482 Cr.P.C...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Offence u/ss 494, 498-A, 506(ii) IPC - Complaint lodged before police discloses offence in question - Police thus, can investigate the matter and file a charge sheet and based on said charge sheet, Magistrate can take cognizance of offences including offence u/s 494 IPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 316-- Quashing of order - Addition of charge u/s 316 IPC - Victim was pregnant at the time of occurrence and she was given beating with leg blows in her stomach which ultimately resulted in miscarriage - Charge u/s 316 IPC rightly added - No interference warranted in it...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 506(i), Criminal Procedure Code, 1973, Section 468-- Cruelty - Criminal intimidation - Allegation that accused demanded to hand over jewellery within a period of three months from date of marriage - As per complaint occurrence said to have been taken place finally on 27.11.2007 - Period of limitation thus, shall be three years as per S.468 Cr.P.C -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witness - Provision of S.161 Cr.P.C shows that witness can make a disclosure at earliest so that Court does not finally view the matter with any suspicion...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - A person can be added as an accused invoking provisions not only for same offence for which accused is tried but for `any offence', but that offence shall be such that in respect of which all accused could be tried together...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 161, Indian Penal Code, 1860, Section 304B-- Statement of brother of deceased/PW6 - Dowry death - PW6 gave his statement first time before Court - There was thus, no previous statement on record for corroboration to his version - No explanation was given as to why PW6 did not get his statement recorded u/s 161 Cr.P.C - Evidence of PW6 for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Murder case - Allegations against i, laws of deceased - Deceased in her dying declaration only mentioned the name of her sister-in-law, she has not mentioned the names of others - Neither complaint nor evidence of witnesses indicates as to role played by..........