Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Complainant failed to lead evidence supporting her allegations against accused - Magistrate went through the entire records of case and passed a reasoned order holding that there is no sufficient ground to proceed against accused - Order dismissing complaint is proper...........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint - Enquiry - Statement of complainant recorded - Complaint dismissed - No reason recorded as to why eight witnesses specially named not examined - High Court remanded the case - Order upheld...........
Criminal Procedure Code, 1973, Section 203 -- `Sufficient ground' in S.203 Cr.P.C means satisfaction of Magistrate that a prima facie case is made out against person sought to be summoned as accused - It does not mean sufficient ground for purpose of conviction...........
Criminal Procedure Code, 1973, Section 203, 378(4), 401 -- Dismissal of complaint u/s 203 Cr.P.C - Not an acquittal as per explanation provided u/s 300 Cr.P.C - Appeal is not maintainable against such order - It is Revision which is maintainable against an order dismissing complaint u/s 203 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, 156(3), 200, 202, 203, 204 -- Proposition of law u/ss 154, 156(3), 200, 202, 203, 204 Cr.P.C. summarized...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Magistrate did not consider it necessary to proceed on police report u/s 173(2) as accusations were false and issued notice to complainant as to why final report by police be not accepted - Complainant filed protest petition which was registered as a complaint case - Magistrate after..........
Criminal Procedure Code, 1973, Section 401(2), 203 -- Revision - Dismissal of complaint u/s 203 Cr.P.C - Where complaint is dismissed u/s 203 Cr.P.C and same is challenged in Sessions Court by filing revision, accused have a right to be heard in such revision...........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint - Maintainability - Earlier complaint dismissed as no prima facie case was made out - Earlier complaint was not disposed of on any technical ground - Material adverted to in the second complaint was only in the nature of supporting material - Material relied upon in the second complaint was not such which..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 203 -- Dishonour of cheque - Issuance of process - Quashing of order - Offence by company - If a director wants process to be quashed on ground of vague averments or on ground that he is independent director appointed as per second proviso to S.141 of the Act, such a director is..........
