Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 2(iii), Criminal Procedure Code, 1973, Section 439 -- Recovery of Cannabis (hemp) ganja - Bail - Leaves which were seized by police from petitioners were not accompanied by tops - If leaves of cannabis plant do not fall within definition of cannabis (hemp), then possession thereof and sale are not..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Misappropriation of funds - Deputy Registrar in its enquiry report giving clean chit to petitioner stating his role was not there in misappropriation of funds - As there is no prima facie evidence against petitioner, thus, there is positive evidence to show that petitioner is not involved in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 452, 120B, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 452, 120B IPC and S.25 Arms Act - Petitioner has been falsely implicated and only allegation against him is that he was keeping vigil outside but there is no evidence of it and this conclusion has also been drawn from..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - There are no fetters on the power u/s 391 Cr.P.C. of the Appellate Court - All powers are conferred on the Court to secure ends of justice - Ultimate object of judicial administration is to secure ends of justice - Court exists for rendering justice to the people...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Necessity of additional evidence cannot be enlisted or enumerated in any fixed formula - It depends on facts of each and every case to come to a conclusion as to whether it is necessary to take additional evidence or not...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Due to lapse on the part of appellant and his counsel second Trust Deed, which was basis for taking steps for sale of the sale could not be proved - Such document ought to have been permitted to be proved to arrive at the conclusion to find out the criminal intent, if any, on the part of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 201, 182, 34 -- Anticipatory bail - Offence u/ss 302, 201, 182, 34 IPC - After more than 5 years and without there being any requirement for custodial interrogation, to decline prayer for anticipatory bail would be to punish petitioner even before he has been found guilty - Even, sons of..........
Evidence Act, 1872, Section 24, Criminal Procedure Code, 1973, Section 161 -- Extra-judicial confession - Recorded by PW8 after 40 days of incident - PW8 not a relative of deceased nor relative of accused - Extra-judicial confession of accused is recorded as if it is a statement recorded u/s 161 Cr.P.C. - Extra judicial confession in all probability might have been made by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of proceedings - Kidnapping - Whether date of birth of prosecutrix mentioned in high school certificate is correct or not, will be decided on basis of evidence adduced during trial - At this stage it cannot be said that offence of kidnapping is not made out - However, since..........
