Criminal Procedure Code, 1973, Section 91 -- Summoning of tower locations of witnesses of trap proceedings - Tower location of cell-phones of witnesses on the scene of offence is probable distance of petitioner to unearth true facts, during course of trial - Any denial of best available evidence or effective and substantial hearing to accused in proving defence would..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Expression "Evidence" as contained in S.319 Cr.P.C. would not include a vague statement, and essentially the deposition of prosecution witness has to be tested in its substance...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder - Allegations by complainant in the beginning relating to involvement of applicants is vague and was disbelieved by I.O while declaring them innocent - Death of deceased is stated to be because of poison, which was administered at the house of accused persons, who had faced the trial,..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 325, 308, 34 -- Summoning of doctor - Offence u/ss 323, 325, 308, 34 IPC - Operation note was sent by Doctor and due to oversight name of doctor had not been mentioned in the list of witnesses - Examination of doctor is very much essential to reach on conclusion in the case - Order rejecting..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Property dispute between parties - Allegation that appellant being power of attorney of original owners sold the property belonging to complainant to third parties - However, suit property is common and undivided property and in which complainant has a undivided..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - When application for bail is filed, Court is required to impose such bail conditions which would ensure that accused does not flee from justice and is available to face Trial - Imposing conditions which are irrelevant for exercise of power u/s 438 Cr.P.C. would not therefore be warranted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Imposition of condition by High Court directing appellant to pay Rs.4000 pm as maintenance to informant was not merited - Same is accordingly set aside and quashed - However, appellant is bound to remain available and face trial as required by law...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering plea of discharge, Court cannot look into any document other than prosecution records either presented by accused or by any other means which do not form part of prosecution records...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376(2)(n), (f) -- Discharge - Rape - Victim specifically stated that accused subjected her to repeated sexual intercourse on the promise of marriage and thereafter retracted therefrom - Consent if any given by victim is vitiated as dealt u/s 90 IPC - Prosecution materials prima facie show..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - When an application is filed by appellant u/s 389 Cr.P.C. for suspension of sentence, it is presumed that he is seeking suspension without any..........
