Criminal Procedure Code, 1973, Section 372 -- Appeal - Inadequacy of sentence - Appeal thereagainst - Not maintainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 62 gms Methamphetamine - Accused not found in possession of any contraband article - Recovery effected from co-accused - There is no recording of conversation in between accused and co-accused - Mere contacts with co-accused who were found in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 62 gms Methamphetamine - Bail - Co-accused who were found in possession of contraband is granted bail - On ground of parity accused is required to be released on bail, as from his possession nothing is found at any point of time - Moreover, there is..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Proposed accused were not named in FIR but they were alleged in the statement u/s 161 Cr.P.C. - Court below allowed the application u/s 319 Cr.P.C only after being satisfied with relevant evidence placed before it - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 70, 204 -- Arrest warrants - Issuance of arrest warrants without resorting to normal provision of S.204 Cr.P.C is not justified, as such approach is against the spirit of provision of S.204 Cr.P.C - Arrest warrants issued against accused deserves to be converted to summons...........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Computation of period of limitation - Relevant date is date of filing of complaint or date of institution of prosecution and not the date on which Magistrate takes cognizance of offence...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while refusing to quash criminal proceedings in exercise of powers u/s 482 Cr.P.C and/or u/art.226 of Constitution, cannot pass an order that accused shall not be arrested until submission of final report...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Civil dispute sought to be given the colour of a criminal wrong doing - Execution of a sale deed, during pendency of suit, may attract doctrine of lis pendens, but from reading charge sheet, it is evident that there is no element of criminality which is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - At this stage it cannot be accepted that amounts deposited by nephew of accused in bank account of wife of complainant was towards debt incurred by accused - No case of quashing complaint is made out - Complaint cannot be quashed...........
