Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Dishonour of cheque - Second revision - By the same party is expressly barred - Petition u/s 482 Cr.P.C. is nothing but a second revision - A person cannot be permitted to do indirectly what he cannot do directly...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Court has to keep in mind presumption of innocence in favour of accused and same being fortified by an order of acquittal in a revision against acquittal...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 395, 397, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 379-B, 395, 397 IPC and S.25 Arms Act - Apart from disclosure statement there is no evidence against the petitioner - Even, no test identification parade was conducted - Keeping in view the facts and period of incarceration already..........
Indian Penal Code, 1860, Section 302, 397, 398, 201, Evidence Act, 1872, Section 27 -- Murder - Robbery - Circumstantial evidence - Recovery of silver ornaments of deceased at the instance of accused - Identification of ornaments in doubt, as recovered articles were not mixed with any other article for identification - More so, recovery itself is effected after a period of..........
Indian Penal Code, 1860, Section 302, 397, 398, 201, Evidence Act, 1872, Section 27 -- Murder - Robbery - Circumstantial evidence - Recovery of kulhari - Recovery at the instance of accused is of no consequence as same was not sent for FSL, logically for the reason that sending same after more than 101/2 years will not bear any fruitful result - Recovery held, not proved -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397 -- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Against order of Magistrate u/s 156(3) Cr.P.C. - Not maintainable...........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Quashing of order - Order taking cognizance of offences and starting evidence of petitioner passed by Magistrate - Petitioner challenged the order by way of revision petition before Court of Session - After dismissal of the same, petitioner challenged the correctness, legality and propriety of said u/s 482 Cr.P.C. -..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Test Identification Parade (TIP) - Murder of five persons, robbery and rape of one lady - Dummies resembling accused has to be selected by Special Executive Magistrate who conducts TI parade - However, dummy persons were selected by police - No statement that..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Identification of accused - Accused were Marathi speaking - However, PW8 stated that culprits had spoken with him in Hindi - Therefore, if accused were to speak with victims they would have spoken in Marathi and not in Hindi - There is..........
