Criminal Procedure Code, 1973, Section 311 -- Recall - of prosecution witnesses - Dismissal of application - Application moved by petitioners after an inordinate delay without mentioning any ground or relevancy of evidence - Allowing application for recalling of prosecution witnesses at such belated stage when evidence of all prosecution witnesses and statement of some..........
Criminal Procedure Code, 1973, Section 97, 98 -- Application u/ss 97, 98 Cr.P.C - Dismissal on the ground of availability of alternative remedy - Not proper - Trial Court directed to entertain the application...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Applications for summoning of witnesses - Grounds urged in both the applications for summoning of persons as witnesses are not liable to be accepted under any circumstance - No material on record to suggest that any payment was made by accused to said witness..........
Criminal Procedure Code, 1973, Section 157 -- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself cannot lead to a conclusion that..........
Criminal Procedure Code, 1973, Section 157 -- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - On delayed dispatch of FIR, some prejudice have to be proved by accused - Prejudice which sought to be projected by accused is that in FIR names of only 7 accused were mentioned but in report sent to Magistrate there were 10 names - It is sufficient to..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Abetment of suicide - Material collected by I.O on the basis of which charge sheet has been submitted and on perusal of FIR, prima facie case is made out against accused at this stage and there appears to be sufficient ground for proceeding against accused -..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Rape case - Provision of S.154 Cr.P.C is mandatory in nature - FIR in question not written as per provision of S.154 Cr.P.C - Compliant itself which was registered as FIR is ante dated - No explanation as to what was occasion for not lodging FIR and in making correction in date on complaint - Prosecution also failed to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Accused acquitted in a complaint filed u/s 138 of the Act with a categoric finding that accused was not under any legally enforceable debt or liability - Therefore, there was no mens rea on the part of accused to cheat or that he had any dishonest intention qua the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 368, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Bail - Rape of married woman - Prosecutrix is aged about 30 years and a married woman - She travelled with accused and stayed with him for about one month - FIR lodged on an application..........
