Criminal Procedure Code, 1973, Section 401 -- Second Revision - Maintainability - Petitioner's revision already dismissed by Additional Sessions Judge - Revision filed before High Court - Preliminary issue raised that second revision not maintainable even u/S.482 of the Code - Relying on the judgment of the Apex Court in Krishnan vs. Krishnaveni and another, 1997(1) RCC..........
Criminal Procedure Code, 1973, Section 228 - - Penal Code, 1860, Sections 306 r/w 116 - Framing of charge - Revision - Held that in the present case it is alleged that there is demand of dowry and the complainant was being harassed. She did not succeed in her attempt to put an end to her life. Section 306 IPC will not be attracted because when there is specific provision..........
Criminal Procedure Code, 1973, Section 228 -- Penal Code, 1860, Section 304B r/w Section 511 - Framing of charge - Revision - Held that it is not the prosecution case that the persistent demand of dowry was with a view that complainant would commit dowry death. The demand was being made to get more dowry. It is not the prosecution case that petitioners were driving her..........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Article 227 - Insecticides Act, 1968, Sections 3(K)(1), 17, 18 and 33 - Summoning order - Petition for quashing - The proceedings u/S.482 Cr.P.C. cannot be invoked in the present case as the case of the petitioner is not covered under the guidelines laid down by the Hon'ble Supreme Court in the..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Against discharge - Charge u/S.420/467/471 IPC - The attestations of the power of attorney by respondent an Advocate which was allegedly forged and used as genuine by `A' - Nothing found on record that prior to the execution of the power of attorney respondent conspired with `A' - Order of discharge by Ld.ADJ - Held..........
Criminal Procedure Code, 1973, Section 401 -- Punjab Excise Act, 1914, Section 61(1)(a) - Revision - Production of case property - During the course of trial when the evidence was recorded, the prosecution did not produce the lahan that was recovered - Held that it may not be mandatory in all cases to produce the case property. If prejudice is caused to a person by non..........
Criminal Procedure Code, 1973, Section 401 - - Section 21 - Revision against framing of charge and summoning order - The contents of Codeine and other substances in the tablets found in possession of the petitioner were far below the permissible limit. The petitioners had the necessary licence and consequently the trial Court held not justified in framing the charge. The..........
Criminal Procedure Code, 1973, Section 246(1), 397(2), 482 -- Framing of charge - Interim order - Maintainability of Revision - Held that order framing the charge is not an interlocutory order but an interim order. A revision petition against such an order which affects the rights, therefore, would be maintainable...........
Criminal Procedure Code, 1973, Section 360, 406 -- Probation of Offenders Act, 1958 - Section 5 - Revision - Held that against the order of grant of benefit of Probation under Probation of Offenders Act by trial Court, revision petition in the Court of Sessions not maintainable...........
Criminal Procedure Code, 1973, Section 401 -- Income Tax Act, 1961, Sections 276CC and 292A - Probation of Offenders Act, 1958 - Section 4 - Benefit of Probation - Trial Court granting benefit of Section 4 of the Probation of Offenders Act to the petitioner convicted under Section 276CC of the Act contrary to the provisions of Section 292A of the Income Tax Act - In..........
