Criminal Procedure Code, 1973, Section 91, 311A -- Voice sample - Voice sample was sought not from accused during course of investigation but from witnesses, who during the course of examination had denied their voices - Magistrate has power to direct recording of voice samples, based on principles of ejusdem generis and also on principle that fundamental right to privacy..........
Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - Magistrate can order a person to give specimen signatures or handwriting if Magistrate is satisfied that for the purpose of investigation or proceedings under the Code, it is expedient to direct any person including an accused to give specimen signature or handwriting...........
Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - Power of Magistrate - Magistrate has a statutory duty to pass a speaking order after application of mind before invoking powers u/s 311-A Cr.P.C...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Application for discharge rejected without disclosing any reasons - Impugned order set aside - Magistrate directed to reconsider the application and pass a speaking order thereon...........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Acquittal of accused - Neither complaint was posted for trial on the date when impugned order of acquittal was passed, nor an order directing complainant to be present - Magistrate ought to have adjourned the complaint to a later date and directed complainant to be positively present for trial -..........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power u/s 323 Cr.P.C may be invoked by Magistrate at any stage of proceeding prior to signing of judgment...........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power u/s 323 Cr.P.C may be invoked even after deposition or examination-in-chief of a witness - Key requirement is that Magistrate must feel that case is one which ought to be tried by Court of Sessions...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Complainant failed to lead evidence supporting her allegations against accused - Magistrate went through the entire records of case and passed a reasoned order holding that there is no sufficient ground to proceed against accused - Order dismissing complaint is proper...........
Criminal Procedure Code, 1973, Section 202 -- Provision of S.202 is mandatory in a case where one of accused is residing at a place outside the jurisdiction of Magistrate - Non-compliance thereof will result into failure of justice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Evidence of witnesses on behalf of complainant shall be permitted to be taken on affidavit for conduct of inquiry u/s 202 Cr.P.C. - In suitable cases, Magistrate can restrict inquiry to examination of documents without insisting for..........
