Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Investigation is not yet complete against accused and final report is not yet filed - There is possibility of further evidence being gathered against..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b)(2), 28, 8(c), 22(c) -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner owner of seized truck - Application for release of truck rejected on the ground that a report is submitted by police that matter is forwarded to District Magistrate for..........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 326, 341, 324 -- Delay in sending FIR to Magistrate - Offence u/ss 326, 341, 324 IPC - Delay in reaching FIR in Court has seriously impacted trustworthiness of investigation and consequently validity of trial - Contention of accused that I.O had utilized interregnum between incident and FIR..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Notice served on accused on 15.5.2018 - Complaint should have been filed on or before date 29.6.2018 - However, complainant got knowledge regarding date of service of notice on accused only on 26.6.2018 - Complaint filed by complainant only on..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 4(1) -- Offence u/s 3 of the Act - Legal assistance - Senior Advocate of eminence can be appointed by a District Magistrate and upon his engagement, such an Advocate shall take over entire process of trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant was contesting its case with due diligence and in fact trial was almost complete, as case was at final stage - Magistrate was not justified in dismissing complaint in default for..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Third anticipatory bail application - Dishonour of cheque - Bail cancelled due to non appearance - Anticipatory bail granted twice but accused chose not to appear - Third anticipatory bail application - No ground to extend said concession for the third time - However, in case..........
Criminal Procedure Code, 1973, Section 210 -- Complaint case and police investigation in respect of same offence - Procedure - It is mandatory for Magistrate to stay proceedings of enquiry or trial and call for a report on the matter from police officer conducting investigation...........
Criminal Procedure Code, 1973, Section 210 -- FIR and complaint in same offence - Summoning of petitioners - Allegations against petitioners are verbatim the same both in FIR and in complaint - Complainant when filed complaint before Magistrate there is no reference to FIR in body of complaint except one person is cited as a witness to place on record said FIR - Even,..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Return of complaint - Admittedly, complainant has presented cheques before bank at place `A', and in such a case, Judicial Magistrate at place `A' alone will have jurisdiction - But, strangely complainant has presented complaint before Judicial Magistrate at place `AR' by saying that she is having..........
