Showing : 11-20 of 13295 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Rape - Consent - False promise to marry - It is evident that accused has no fraudulent intention in making the promise as accused married the victim within a short period after the incident - Rather, in such circumstances what occurred was only acknowledged consensual..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Application for acceptance of challan/final report and quashing of FIR - Investigating agency after completion of investigation had filed challan/closure report in Court of Special Judge, but till date no final order is passed - Matter is listed for 14.6.19 - Parties undertake to ensure presence..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Inherent powers - Ordinarily, defence of accused although appears to be plausible should not be taken into consideration for exercise of jurisdiction u/s 482 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Inherent powers - High Court shall not express its view on disputed questions of fact in a petition u/s 482 Cr.P.C. to come to a conclusion that offence is not made out...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471-- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no intention to make..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340, 195-- Forgery or forged document - Mere incorrect statement in vakalatnama would not amount to create a forged document and it cannot be reason for exercising jurisdiction u/s 340 Cr.P.C for issuance of direction to lodge criminal complaint against accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340, 195-- Forgery - It is necessary before lodging complaint that Court must be satisfied that it was expedient in interest of justice to lodge complaint - Use of actual words of S.340 Cr.P.C not necessary, but Court should record a finding indicating its satisfaction that it is expedient in interest of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - To be heard by same judge who had disposed of first bail application in case he is available...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of complainant at appellate stage - Change of counsel in appeal by accused who felt that some more questions ought to have asked during cross examination of complainant - Not justified to recall complainant during course of appeal, more particularly when earlier counsel duly..........

Showing : 11-20 of 13295 Results