Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Where under Cr.P.C appeal lies but an application for revision has been made to High Court by any person, High Court has jurisdiction to treat the application for revision as a petition of appeal and deal with the same accordingly as per S.401(5) Cr.P.C - However, subject to High Court being..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10, 12 -- Anticipatory bail - At the instance of child in conflict with law - Not maintainable - Child in conflict with law cannot be arrested - Since there is divergence of opinion between co-ordinate Benches of the High Court, as such a request is made to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 506, 196, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 82 -- Bail - Offence u/ss 377, 506, 196, 120-B IPC, S.6 POCSO Act and Ss.75, 82 Juvenile Justice Act - It is not disputed that in FIR the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Elaborate reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of relevant reasons cannot result in grant of bail - It would be only a non-speaking order which is an instance of violation of principles of natural justice - In such a case, prosecution or informant has a..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - If findings in judgments under revision have been arrived at by ignoring or excluding relevant materials, or by taking into consideration irrelevant/inadmissible materials or entire approach of Court in dealing with evidence is patently illegal, leading to miscarriage of justice, nothing prevents High Court from..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 34 -- Permission to travel abroad and release passport was dismissed - Offence u/ss 420, 406, 120-B, 34 IPC - Court is required to draw a balance between right of petitioner to travel abroad and also right of prosecution to duly prosecute petitioner so as to prevent him from..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - Merely because it is pleaded that "in the interest of justice" and "for lawful adjudication of matter" scientific expert should be summoned, it is not obligatory on the part of Court to summon said witness unless it is established with accuracy and precision that new..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Accused has no criminal antecedents - He is a father of five children and his eldest son is more than 18 years - There is no reason to apprehend that accused would indulge in similar acts in future - Sentence of 7 years held, sufficient..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Application disclosing cognizable offence may not be directed for investigation by police - Magistrate has jurisdiction to treat the same as a complaint case - However, in exercise of such jurisdiction the Magistrate has to keep in view various factors as laid down in Lalaram case, which are..........
