PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482-- Abetment to suicide - Quashing of charge - From perusal of FIR, suicide note and report u/s 173 Cr.P.C., no ingredients of offence punishable u/s 306 IPC are made out - No evidence or positive act to suggest that petitioners abetted deceased in any manner to instigate him in committing suicide -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Closing of proceedings - It is only when cheque amount with interest and cost as assessed are paid by a specific date, Court is entitled to close proceedings in exercise of its power u/s 143 N.I. Act r/w S.258 Cr.P.C and thereafter discharge accused and not beyond that...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302-- Cancellation of bail - Murder - State failed to file petition seeking cancellation of bail against accused - State remained negligent and did not even feel it necessary to enter appearance and contest the matter - It is only after High Court took serious view and directed State to muster his..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Court cannot mechanically issue process u/s 319 Cr.P.C. whenever in a statement before the Court, name of any person is taken - Rather Court has to consider substance of the evidence, which has come before it...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 41-- Arrest - Mere rejection of anticipatory bail application of accused is no ground to arrest accused - Dismissal of said application leaves accused unprotected against his arrest, but it does not visit accused with inevitable consequence of his being taken into custody by police...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Bail - Recovery of intoxicant powder - Search was not conducted in presence of either Gazetted Officer or Magistrate - No independent officer was joined at the time of alleged recovery - Alleged intoxicating powder which was recovered from petitioner, as per FSL report declared as manufactured..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C - When defence of accused is proved by virtue of admissions elicited in evidence of PWs, accused need not have to mention in his statement u/s 313 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 436-- Bail - Bailable offence - No condition can be imposed while granting bail in bailable offence, as same would amount to curtailing statutory right u/s 436 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 436-- Bail - Dishonour of cheque - Amount of default does not make a bailable offence into no, bailable, as principles governing grant of bail will not change depending upon cheque amount...........