Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 91 -- Murder - Accused told police that he detected murder when he returned in morning after night duty - Investigating officer neither took steps to summon employer nor investigating officer explained as to what deterred him from visiting place of work of accused - Held, prosecution had faulted,..........
Criminal Procedure Code, 1973, Section 160, 91 -- Attendance of witnesses - Power and duty of police officer - Held, person to be summoned by officer making the investigation must reside within local limits of his own police station or within adjoining area - In case of a male person under the age of fifteen years or woman, their attendance cannot be enforced at any place..........
Criminal Procedure Code, 1973, Section 397(2), 91, 311 -- Application to produce certain documents and application for recall of complainant for cross examination - Trial Court dismissed both the applications - High Court in revision allowed the same - Held, revision against interlocutory orders is not maintainable - Secondly before allowing application of accused notice..........
Criminal Procedure Code, 1973, Section 91, 401, Income Tax Act, 1961, Section 138, 280 -- Income-tax proceeding - Production of documents - Power of court - Held, court cannot ask income tax authority for producing any documents relating to income tax proceeding and/or like unless same is required for public interest and/or public purpose...........
Criminal Procedure Code, 1973, Section 91, 401 -- Interlocutory or final order - Revision - Held, interlocutory order is an order where court did not express its final opinion or in other words, did not decide the issue finally and so far final order is concerned, that will be final order if court passes any order deciding finally issue raised by parties before court and..........
Criminal Procedure Code, 1973, Section 91, Income Tax Act, 1961, Section 138, 280 -- Production of documents - Prayer for - Rejection thereof - Trial court did not enquire whether documents called for by accused are necessary for purpose of trial or not or to whom same are lying which was obligatory on his part in view of S.91 of the Code - Trial court also did not state..........
Criminal Procedure Code, 1973, Section 91, 92 -- Search warrant - A person not producing a document required by police in connection with enquiry or investigation - Officer can request the Court for issuance of search warrants - Magistrate has discretion to issue search warrant - It is a judicial discretion guided by law and reasons are to be recorded for taking unusual..........
Criminal Procedure Code, 1973, Section 91 -- Issuance of summons for production of documents - In absence of averments by petitioner that documents warrant summoning on account of their relevancy to case and necessity to meet ends of justice, petition u/s.91 Cr.P.C. cannot be allowed...........
Criminal Procedure Code, 1973, Section 91 -- Document - Summoning of - No such document in existence which is sought to be summoned - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of account books - Can be ordered only when it is necessary or desirable for the purposes of the trial...........
