Criminal Procedure Code, 1973, Section 162 -- Contents of statements of PWs not examined at the trial and dropped by the prosecution as having won over by the accused - Cannot be brought on record through the Investigating Officer - The same is hit by the provisions of section 162 of the Code...........
Indian Penal Code, 1860, Section 302, 34 -- Probation of Offenders Act, 1958, Section 4 - Appeal against conviction - Lalkara and two blows of knife to the deceased was attributed to appellant `H' which were sufficient to cause death in the ordinary course of nature - Appellant `R' has given only one danda blow which gave only lacerated wound to the deceased - Difficult to..........
Criminal Procedure Code, 1973, Section 154(1) -- FIR - Registration of - If the allegations of a complaint disclose a cognizable offence and information regarding cognizable offence is just laid before the S.H.O. the S.H.O. is duty bound to register the case - The police at that stage cannot be assigned with judicial functions which will be gone through by the law courts..........
Criminal Procedure Code, 1973, Section 319, 482 -- Expunction of remarks - Petition for - Application by petitioner under section 319 as Assistant Public Prosecutor invoking the jurisdiction of the Court to summon `D' and `A' also for trial - Sessions Judge declined the application on the ground that application filed without seeking instructions from the District..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - FIR u/S.406, 494, 495, 496 and 498A IPC - Chargesheet filed in the Court - Held that in view of the legal bar imposed by section 198(1) Cr.P.C. the trial court cannot be permitted to proceed with the case with reference to the offences under Sections 494, 495 and 496 I.P.C. on the basis of F.I.R...........
Indian Penal Code, 1860, Section 302, 201 -- Appeal against acquittal - Trial Court convicting the respondents - Reversal of judgment of trial Court by High Court and Respondents acquitted - Held though the death took place as a result of strangulation in the house of the respondents - That does create a strong suspicion that her death caused by someone residing in the..........
Indian Penal Code, 1860, Section 302, 34, 147 -- Prosecution case that accused came to prevent labourers from continuing transplantation operation - At spur of moment on account of certain lalkara being given by some of the accused persons, persons armed with weapons started assaulting the deceased - Convictions of 12 accused under Section 302/34 affirmed - Convictions of..........
Criminal Procedure Code, 1973, Section 468, 482 -- Petition for quashing - Limitation - FIR registered under section 7 read with section 10 of the Haryana Regulation of Urban Area Act on 29.12.1995 - Alleged sales on the ground of which FIR registered are between 11.06.1992 to 30.06.1992 - Held that the FIR registered on 27.12.1995 is beyond three years and in these..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 340 -- Dishonour of cheque - Accused producing receipt showing payment - Contention of complainant that receipt is forged - Enquiry by Court under Section 340 Cr.P.C. initiated - Proceedings under Section 138 cannot be stayed pending enquiry - Scope of both the proceedings is different...........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Articles 226/227 - Quashing - The High Court while exercising the inherent powers under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India is not competent to quash the proceedings where the investigation is complete and the challan has been filed..........
