Showing : 141-150 of 208 Results

KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 254, Indian Penal Code, 1860, Section 188, 427-- Summon case - Discharge of accused - Legality of - Held, both offences punishable u/ss 188 and 427 IPC are offences for which appropriate trial can only be summons trial, in which case there is no question of framing charge - If so, there is no question of discharging accused also - In a summons..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 256-- Ingredients of the provision of S.256(1) Cr.P.C. are : (i) that summons must have been issued on a complaint, (ii) the Magistrate should be of the opinion that for some reasons, it is not proper to adjourn the hearing of the case to some other date; and (iii) the date on which the order u/s 256(1)..........
DELHI HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 71, 87, 89-- Non bailable warrants - When to be issued by Magistrate - Petitioners appearing in person on all dates - On one date they were not present as date was wrongly noted - Counsel was out of station - Magistrate issued non bailable warrants against them - Held, that Court should take into consideration..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 148, 149, 120B, 500, 506, Criminal Procedure Code, 1973, Section 203, 245, 255, 378-- Appeal against acquittal - Magistrate discharged accused as there was not sufficient material to frame charge against them - Revision against - Order for framing of charge passed - Held, that trial Court cannot pass an order of discharge in a summons case - It could have only either passed an..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 190, 200, 204, 72, 73-- Complaint case - Service of summons - In the first instance summons should be served alongwith copy of complaint - If service avoided then bailable warrants should be issued - If accused avoiding Court's proceedings intentionally then non-bailable warrants be issued - Courts to refrain from..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Dismissal for non appearance of complainant when complaint was fixed for recording preliminary evidence - Provision of S.256 Cr.P.C. comes into play only when the summons have been issued on a complaint for the appearance of the accused - It is not applicable at..........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 315, 482-- Defence evidence - Government servant - Summons given to counsel of accused but he was unable to produce him - Prayer for summoning through Court - Trial Court directed to summon witness through SP and to record statement of witness...........
JHARKHAND HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 205-- Exemption from personal appearance - Discretionary power of Magistrate - Exercise of - Held, Magistrate may dispense with personal attendance of accused only when he issues summons to accused and if he sees reason so to do - The test basically is assurance that court's proceeding would not be..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 167(5)-- Conclusion of investigation within 6 months from the date of arrest of accused - Accused arrested under S.12(1)(b) of Passport Act as he had gone to USA on a forged visa - Offence u/s 12(1)(b) of the Act is an offence triable as summons case i.e. offence punishable with imprisonment not exceeding..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Can be summoned only on the basis of evidence led at the trial - Summons issued on the basis of evidence recorded by police and before evidence was led in the trial - Order patently illegal - Set aside...........

Showing : 141-150 of 208 Results