Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that appellant had dishonestly used a fake NOC from Fire Department to obtain recognition/renewal of affiliation to run educational institution - However, NOC from Fire Department was not necessary for recognition/renewal of affiliation of educational institutions..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Court may alter or add any charge on its own or on an application moved by parties concerned - But such powers can be invoked by Court suo-moto, meaning thereby that power u/s 216 Cr.P.C. is exclusive to wisdom of Court concerned and no party can claim alteration in the charges, as a matter of right...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - While framing the charge, it is expected from a trial Judge to exercise his judicial mind to determine that as to whether a case for trial has been made out or not and while undertaking such proceedings, Court is not supposed to hold a mini trial by marshalling facts and evidence on record - Infact, if..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 357A -- Aggravated penetrative sexual assault - Compensation to victim - Guilt of accused proved - Having regard to age of victim at the time of offence i.e. 11 years, nature of abuse she has been visited with and constitutional obligation to provide meaningful redress,..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - If material available on record prima facie does not constitute alleged offence then accused should be discharged and not otherwise...........
Criminal Procedure Code, 1973, Section 273, 278 -- Recording of evidence in presence of accused - Presence of accused or his pleader is required at the time of recording examination in chief of a material PW - Accused or his Pleader has a right to object to a leading or irrelevant question being asked to witness during chief examination - Therefore, if trial Court permits..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 483(3) -- Quashing of order of cancellation of bail - Petitioner had not willfully absented himself to hamper the trial - Rather, instead of cancelling bail on account of his non-appearance, Court ought to have exempted his personal appearance with a direction to appear on the next date when case was adjourned for..........
