Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f)(g) -- Quashing of FIR - Offence u/s 3(1)(f)(g) of SC/ST Act - Complainant and petitioners have compromised the matter inter se them - Offences alleged to have been committed by petitioners do not involve offences of moral turpitude or any..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - Reasons needs to be recorded in case a discharge application is allowed - However, where discharge application is rejected only prima facie case is to be seen for framing of charge...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Application is completely vague, as it does not in any manner suggest as to what the said witness wants to testify - However, reading between the lines if the intention of petitioner/accused is to dispute the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of CW1/son of attorney of complainant - To give his specimen writing for comparison with the writing in the body of cheque - Cross-examination of CW-1 shows that he remained as a Munshi at the brick kiln of accused/petitioner - It has been..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere observation that recall was necessary for ensuring fair trial is not enough unless there are tangible reasons to show how fair trial suffered without recall...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application u/s 311 Cr.P.C. cannot be allowed to fill up the lacuna of prosecution or defence case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - No prosecution witness can be called for examination/cross-examination merely because he filed affidavit contrary to his deposition made before trial Court...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere submission that some questions could not be put to prosecutrix in her lengthy cross-examination, cannot be a ground to recall the witness who has already been examined and cross-examined fully...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused not led defence evidence - His statement u/s 313 Cr.P.C. cannot be read as evidence for the purpose of rebutting presumption - Merely pleading not guilty would not suffice to rebut the presumption...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Privacy of victims or identity of victims of sexual offences including POCSO cases is protected - Merely because materials disclosing privacy of victim were already published in the website and same are within public domain, is not a reason to provide the copy of documents to accused...........
