Indian Penal Code, 1860, Section 323, 504, 506, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(X) -- Offence u/ss 323, 504, 506, 452 IPC and S.3(1)(X) of SC/ST Act - Complainant and his two witnesses were present on the spot at the time of occurrence - There is no exaggeration, material contradiction or embellishment in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order on printed proforma - Blanks in printed proforma filled up by some Court employee and Magistrate thereafter just put his initial - It leads to conclusion that Magistrate has passed order in a mechanical manner without application of judicial mind - Summoning of an accused in a criminal..........
Criminal Procedure Code, 1973, Section 195(1)(a), 173, Indian Penal Code, 1860, Section 188 -- Cognizance of offence on basis of police report - Offence u/s 188 IPC - No complaint ever filed in Court by Public servant concerned - FIR u/s 188 IPC itself was impermissible and cognizance of offence on basis of a police report was barred - Summoning of petitioner after taking..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Standard of proof for summoning additional accused is higher than standard of proof for framing a charge against accused person...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Name of respondent is no doubt mentioned in FIR and overt act is attributed to him - However, during course of investigation, I.O recorded statements of witnesses who stated that respondent was not present at the place of occurrence at the time of incident - Even colleagues of respondent also..........
Criminal Procedure Code, 1973, Section 202 -- Summoning of an accused is a serious matter and Court at the stage of summoning are expected to analyze evidence produced with due application of mind...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 202 -- Medical negligence - Death of newly born child - Summoning of doctor - Child not born hale and hearty and suffering from diseases - Evidence on record shows that child was shifted to another hospital very next date of birth - No evidence that doctor was negligent - Order refusing to summon..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning record from Bank - Evidence which complainant wants to produce is relevant and necessary for just decision of case - Application u/s 311 Cr.P.C. can be filed at any stage - Court should not go into technicalities of law and should do substantial..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors of company - Court to insist production of Form 32 and annual return filed by company in order to determine persons who were Directors on the date of commission of offence - Such direction cannot be interpreted to mean that all summoning orders are liable to be..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of documents - Documents containing date of birth of prosecutrix sought by complainant - No dissimilarity between date of birth shown in documents already on record with that of document sought to be produced by complainant, as both the dates on these documents are homogeneous - There is thus, no force in the..........
