Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Accused convicted for offence u/ss 294, 324 and 506-B IPC - Extension of time in depositing fine - Jail sentence awarded to petitioner was reduced to period already undergone by him and fine amount was enhanced - Petitioner was granted 2 months time for depositing fine amount - There is no clerical or..........
Prevention of Corruption Act, 1988, Section 19, 13(1), 13(2), Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Declined on three occasions - Subsequently sanction to prosecute granted by Director, Department of Local Govt. Punjab, who was not even the appointing authority and there was..........
Criminal Procedure Code, 1973, Section 319, 362 -- Additional accused Summoning of - Review - First order passed by trial Court summoning additional accused was set aside - Fresh exercise of power by Court below for summoning revisionist again - Held, it would not amount to review of its order and hence permissible...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Public servant - Sanction for prosecution - Refused - Permission granted after six years - No fresh material collected nor brought on record - Order sanctioning prosecution based on same material which was available when it was refused - Review on same material is not legally permissible -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Held, it is settled law that any acquittal order cannot be lightly interfered with by appellate Court, though it has wide powers to review evidence and to come to its own conclusion - Power to grant leave must be exercised with care and caution because presumption of innocence is further strengthened..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of Appellate Court - Held, Appellate Court do have power to review, or re-appreciate, and reconsider the evidence upon which an order of acquittal is founded - The Code has not put any limitation, restriction or condition on exercise of appellate power of Court and appellate court is free to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Issuance of process - Recall of order - Whether order for issuance of process in stage of trial can be reviewed or reconsidered by Magistrate? - Held, issuance of process is a preliminary step in stage of trial - Such order is an interlocutory order -..........
Criminal Procedure Code, 1973, Section 362 -- Review of judgment - Permissibility - Held, S.362 of the Code prohibits Court after it has signed its judgment or final order disposing of a case from altering or reviewing the said judgment or order except to correct a clerical or arithmetical error - This prohibition is complete and no criminal Court can review its own..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court refused to grant - However, trial Court directed to release accused on bail if they surrender - Held, what cannot be done directly, cannot be done indirectly - While exercising a statutory power a Court is bound to act within the four corners thereof - The statutory exercise of power stands on a..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of Appellate Court - General principles - (1) Appellate court has full power to review, reappreciate and reconsider the evidence upon which order of acquittal is founded; (2) CrPC puts no limitation, restriction or condition on exercise of such power and appellate Court on evidence before it..........
