Criminal Procedure Code, 1973, Section 386, 401 -- Summary dismissal of an appeal or revision and a dismissal of it after a full hearing - Distinction - Held, when accused person in presence of State claims an acquittal or reduction of his sentence State ought then and there to apply for enhancement of sentence and its failure to do so cannot but be regarded as abandonment..........
Criminal Procedure Code, 1973, Section 200, 399, 401(2), Indian Penal Code, 1860, Section 323, 506 -- Complaint u/ss 323, 506 - Dismissed by trial Court - Summoning order passed by Sessions Judge in revision without affording an opportunity of hearing to accused - An order prejudicial to the interest of accused, without giving an opportunity of hearing, cannot be passed in..........
Criminal Procedure Code, 1973, Section 145(1), 146(1), 397 -- Order passed u/ss 145(1) and 146(1) of the Code are not orders simplicitor - Revision against such an order is maintainable depending on the facts involved in each case...........
Criminal Procedure Code, 1973, Section 167, 397, 401, 482, Constitution of India, 1950, Article 14, 19, 226, 227 -- Application for police remand - Rejection by Magistrate - Revision - Maintainability - Held, if remand is rejected, it would adversely affect right of prosecution to carry out further investigation and in a given situation investigation may not be able to..........
Criminal Procedure Code, 1973, Section 311 -- Summoning or refusing to summon witnesses - Order is interlocutory as it does not decide any substantive remedy of the litigating parties - Revision against such order - Not maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Revision - Grant of maintenance of Rs.2,000 P.M. in favour of minor son by trial Court - Reduction by Sessions Judge in revision to Rs.800 P.M. - Validity - Claimant minor son was studying in LKG - Respondent stated that he is an employee courier service and drawing a salary of Rs.2,000 P.M. - Held, respondent..........
Probation of Offenders Act, 1958, Section 11, Criminal Procedure Code, 1973, Section 357 -- Releasing of accused on probation - Compensation by Appellate Court - Can be granted only when appeal or revision of such offender comes before a higher court and not when appeal or revision is preferred by complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Criminal complaint - Quashing of - Petitioner was resident of Faridabad - Cheques in question were drawn on Punjab & Sind Bank, Ajronda, Faridabad where petitioner was maintaining its account - Cheques though were deposited for collection by respondent through..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Even grave suspicion is enough to proceed against accused - In the instant case, from statement of complainant and his witnesses, prima facie case made out against accused - Held, framing of charge not illegal - Revision dismissed...........
Criminal Procedure Code, 1973, Section 200, 202, 397 -- Summoning order - Revision against - Summoning order is not an interlocutory order - Revision against summoning order is maintainable...........
