Criminal Procedure Code, 1973, Section 397,401, Prevention of Corruption Act, 1988, Section 19(3)(c) -- Case registered against petitioner, a public servant, under Corruption Act of possessing assets disproportionate to his known sources of income - Investigating agency submitted charge sheet after completion of investigation - Revision filed against order framing charge -..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Dismissal of criminal appeal for default - Challenge as to - Since appellant and his advocate were absent at the time of final hearing of criminal appeal, non bailable warrant was issued against the appellant/accused with notice to his surety - Appellate Court shall have taken necessary step to secure presence of..........
Criminal Procedure Code, 1973, Section 156(3), 203 -- Application u/s 156(3) Cr.P.C. - Magistrate can treat it as a complaint case and record evidence u/ss 200 and 202 Cr.P.C. - Prayer that Magistrate should treat application u/s 156(3) Cr.P.C. as State case rejected - Revision dismissed...........
Criminal Procedure Code, 1973, Section 397, 401 -- Acquittal - Revision - Reversal into conviction - Legality of - Held, as per S.401(3) Cr.P.C. High Court has no power to convert finding of acquittal into one of conviction in a revision petition filed u/s 397 Cr.P.C. - Having regard to language employed in S.399(1) and (2) Cr.P.C. and limitations provided by S.401(2) to..........
Negotiable Instruments Act, 1881, Section 1881, 138, 147, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Conviction - Revision - Compromise between parties - Accused agreed to pay amount due to complainant - Held, offence allowed to be compounded - Accused acquitted...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Interlocutory order - Finding by Court that it has no jurisdiction and complaint returned for presentation before Court having jurisdiction - Held, such order cannot be termed as interlocutory...........
Criminal Procedure Code, 1973, Section 482, 401 -- Inherent power - Exercise of - No form or procedure is prescribed in the Code - In appropriate cases, inherent power of High Court can be exercised even in a case filed as Revision against order of Court below...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Conviction - Appeal - Pending disposal of appeal, petitioner filed application u/s. 391 of Cr.P.C. stating that he has paid entire amount to respondent/complainant and want to produce documentary evidence in support thereof - Dismissal of - Validity - On an..........
Essential Commodities Act, 1955, Section 6A, 6E, Criminal Procedure Code, 1973, Section 397 -- Release of vehicle - Revision - Application for release of vehicle rejected by Distt. Collector on ground that investigation is going on - Revision before Sessions Judge - Maintainability of - Held, Session Judge wrongly entertained revision petition u/s 397 Cr.P.C. - As per..........
Criminal Procedure Code, 1973, Section 145, 146, 379(2), 482 -- Ex parte attachment order - Recall order passed also ex parte which was subsequently recalled - Consequently attachment order revived - Such recall order is neither a preliminary order u/s 145 (1) of the Code nor an attachment order u/s 146 (1) of the Code - It is purely an order passed on the application..........
