Criminal Procedure Code, 1973, Section 319 -- Application by prosecution requesting the trial Court for summoning `K' and `S' to stand trial for having abetted the commission of offences in question - Trial Court dismissed application finding no prima facie case - Held that a prima facie case is not the same thing as proof - It only means that there is a ground for..........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Deceased under the influence of liquor - Had a quarrel with the appellant on account of overcharging the price of beetal - There was first grappling and then the appellant caused knife blows to the deceased - Held that there was no premeditation and act was done in a heat of passion - Appellant not taking..........
Constitution of India, 1950, Article 226, 227 -- Criminal Procedure Code, 1973, Section 482 - FIR - Registration of - A complaint disclosing the commission of cognizable offence is laid before an incharge of a Police Station - The police officer has no other option except to register the FIR - At the stage of registration of Registration incompliance with the mandate of..........
Criminal Procedure Code, 1973, Section 482 -- Summoning order under Sections 406, 498A - Jurisdiction - Part of the series of transaction taking place at Ferozepur - The Court at Ferozepur will have jurisdiction in spite of the fact that certain other parts of the same series of transaction had taken place within the jurisdiction of another court - Alleged cruelty taking..........
Indian Penal Code, 1860, Section 376, 302 -- read with Section 511 - Appeal against conviction - Dying declaration - Oral dying declaration by victim with regard to the attack on her made to her real brother - No reason to doubt the truthfulness of the dying declaration as the brother the victim has no reason to concoct a story with regard to her sister's assailant -..........
Criminal Procedure Code, 1973, Section 401 -- Essential Commodities Act, 1955, Section 7 - Haryana Prevention of Hoarding and Maintenance of Quality Order, 1977 - Discharge - Revision against - Imported sugar - Not sugar as mentioned in item No.4 of the Schedule attached with the order held by the Special Judge while discharging Respondent - Held that grounds of discharge..........
Criminal Procedure Code, 1973, Section 182 -- FIR - After investigation found false - Police submitted a report for cancellation of the FIR - Coupled with complaint to the Magistrate to take action under section 182 - Summon issued to respondent No.2 for offence under section 182 - On the same set of incidence and facts same Addl. Judicial Magistrate on the complaint of..........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance - Second Revision - Petitioner filing revision against the order of trial Court to Additional Sessions Judge - Maintenance enhanced - Petition filed under Section 482 for further enhancement of maintenance - Held that Hon'ble Supreme Court has not encouraged the second revision under the garb of Section 482..........
Criminal Procedure Code, 1973, Section 321 -- Application of the state under Section 321 Cr.P.C. - Respondents acquitted of charge under Sections 420, 467, 468 and 471 IPC - No notice issued to the complainant - Held that if the complainant was not heard by the learned Magistrate before passing the impugned orders, the said orders are against the principles of natural..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Offence under Section 120B I.P.C read with Section 7 of the Prevention of Corruption Act, 1988 - The petitioner not directly or remotely connected with conspiracy - He never made demand of bribe either directly or through co-accused - Co-accused made a wrong representation to the complainant that he had..........
