ALLAHABAD HIGH COURT
Year of decision: 2018
Details
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 moved u/s 156(3) Cr.P.C after more than 4 months of alleged incident - No medical report of prosecutrix found on..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
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 one chance to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
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 complainant - Held,..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- Two FIRs - Same incident - Second FIR relating to same incident filed after petitioners obtained bail in first FIR - Almost identical allegations were levelled in second FIR - Second FIR quashed - However, contents of second FIR shall be treated as statement u/s 161 Cr.P.C. in the first FIR - In..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 70, 319-- Issuance of arrest warrants - Accused summoned u/s 319 Cr.P.C - Police submitted final report in negative form - Arrest warrants issued against accused converted to bailable warrants...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 304-- Framing of charge - Charge u/s 304(Part I)PC - FIR was registered at the instance of an eye witness and allegations are supported by medical evidence - Prima facie, a case to frame charge u/s 302 IPC is made out - Reasons given by trial Court for not framing charge u/s 302 IPC, not tenable - No..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - After submission of charge sheet by police - Power of Magistrate - Magistrate has ample power to direct further investigation after submission of charge sheet by police even when cognizance has been taken on charge sheet...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 217-- Alteration of charge - Recall of PWs - Waiver of right to further examine any witness by prosecution cannot impair or affect in any manner, the near absolute right of defence to seek further cross-examination of any witness, as said right is not dependent on conduct of prosecution, rather it..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 217-- Alteration of charge - Recall of PW for further cross-examination - S.217 Cr.P.C is not restricted its application to fact situations contemplated u/s 319 Cr.P.C and even not governed by principle for invoking S.311 Cr.P.C - It is an independent provision...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 411-- Delay in lodging FIR - Receiving stolen property - Statement of complainant recorded after 11 months of incident - Complainant without any basis named accused to be one who broke open lock of his house and committed theft besides burning some of articles - However, it was not mentioned as to how..........