Showing : 971-980 of 13295 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint in default at the stage when it was fixed for addressing arguments - Complainant was duly represented by his counsel - Magistrate was not justified in dismissing complaint in default for single absence of complainant, particularly on a date of hearing..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 397(3)-- Successive revision petition - Maintainability - Where revision petition was dismissed as withdrawn on account of dismissal of main complaint, order passed wherein was basis of filing first revision petition cannot be treated as a bar to prefer successive revision petition after revival of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Prima facie cognizable offence - To be examined keeping in view contents of FIR and prima facie material, if any, requiring no proof - At this stage High Court cannot appreciate evidence nor can draw its own inferences from the contents of FIR and material relied on - It is more..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR disclosing prima facie commission of various cognizable offences - High Court instead of dismissing application in part should dismiss application as a whole to uphold the entire FIR...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - At the stage of arguments - Name of proposed accused not given in FIR - However, in view of statement of victim who received injuries on his eyes and silence of defence qua incriminatory role of proposed accused, he has to be arrayed as accused along with other..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 374-- Murder - Appeal against conviction - Admittedly, complainant party illegality entered into field of accused in between 4-5 a.m. in dark night alongwith habitual offender - Free fight - Gun shots were fired by both parties resulting into death at spot of `K' - Intention of accused to inflict gun..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process summons - Complaint under SC/ST Act - Interference by Supreme Court - Where order issuing process against accused being purely interim in nature being passed in exercise of its discretionary powers finding prima facie case, same cannot be interfered with by Supreme Court in its..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Magistrate has no jurisdiction to order registration of FIR and direct investigation into offences under IPC against petitioner in absence of their being any sanction for prosecution u/s 197 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19-- Sanction for Prosecution - Provision of S.197(1) Cr.P.C and S.19(1) of P.C Act are identical so far as it relates to sanction for prosecution - Ratio of judgments related to both the provisions are applicable to each other with full force...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 294, 34-- Quashing of FIR - Cheating - Criminal breach of trust - FIR of case prima facie discloses commission of cognizable offences by accused - It cannot be said that dispute in question is of purely civil in nature - Investigation of case is at initial stage - Court is thus, bound to allow investigation..........

Showing : 971-980 of 13295 Results