Showing : 521-530 of 13449 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
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..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
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 - Moreover, any..........
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,..........
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..........
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...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 451, 457-- Release of seized vehicle - Vehicle in question registered in the name of accused financed by private company - When accused failed to pay installments, finance company sold the vehicle to petitioner - Accused has no objection in releasing vehicle - Vehicle held, released on supardaginama to..........
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...........

Showing : 521-530 of 13449 Results