Criminal Procedure Code, 1973, Section 319 -- An additional accused cannot be summoned for offence u/s 302, 201 IPC for giving certain wrong information to any person in order to save a culprit...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Accused had no machinery and equipments for manufacturing GIC sheets - Inspite of that they made the statement that they had machinery and equipments for manufacturing GIC sheets and would also supply the same within the agreed time - On the basis of this..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque issued towards repayment of loan - Notice was issued which was not replied - Accused took a wrong plea that he had not received the notice - Plea that cheques were issued only as a security not proved - No reason to interfere with the order u/s 482..........
Indian Penal Code, 1860, Section 302, 395, 295, Criminal Procedure Code, 1973, Section 173, 228 -- Anti Sikh riot case - Delay of 25 years in investigation and presentation of charge sheet - Quashing of the charge sheet sought on the ground that delay of 25 years was violative of Article 21 of the Constitution under which right to speedy trial is a fundamental right -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 28 -- Recovery of 1985 grams of heroine from the handbag which accused was carrying - Non examination of public witnesses who had been joined in seizure - Summons sent to these witnesses returned back unserved with the report that addresses were wrong - Held, prosecution case cannot be rejected on the..........
Criminal Procedure Code, 1973, Section 302, 392, 201 -- Robbery and murder - Skeleton of deceased traced at instance of accused - Daughter and other relatives identified skeleton of deceased on basis of clothing - Accused identified by Bank Manager as he pledged jewellery of deceased - Superimposition test established that skull pertains to photograph of deceased - No..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder - Complaint - Power of attorney holder of complainant `S', lodged complaint or initiated legal proceedings against accused u/s.138 N.I. Act by a written complaint - He was authorized to do that by complainant - Held, Magistrate has not done anything wrong by permitting..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Recorded by Magistrate - Certificate of doctor that deceased was in a fit mental condition - No reason for Judicial Magistrate to record a wrong statement - At the time of recording dying declaration except husband, no other relative was present - There was no reason for..........
Indian Penal Code, 1860, Section 166, 167, Right to Information Act, 2005, Section 23, 7 -- Wrong or false information provided by Public Information Officer under Right to Information Act - Held, offence u/s 166 or 167 of the Code not made out unless it is shown that the replies given by the accused were untrue or given with the intent or knowledge that those replies..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Wrong answers to some questions - Adverse inference may be drawn against the accused...........
