Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 101 kg doda chura - SHO not regularly posted as SHO but having charge thereof in absence of regular SHO is competent u/s 42 of the Act to undertake proceedings under the Act - Such proceedings do not vitiate merely by reason that recovery officer was not posted as regular SHO at police station...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Denial of speedy justice - Quashing of proceedings - Non-commencement of trial even after 29 years - Even, petitioner appeared when charge-sheet was submitted in 2011 - Moreover, petitioner is not responsible for delay in trial - Further, there is no direct accusation against petitioner..........
Contempt of Courts Act, 1971, Section 19 -- Appeal - Framing of charges against contemnor - No appeal shall lie against order - Held that: (i) Only one statutory right of appeal u/S.19 of Act is available to contemnor; (ii) Appeal u/S.19(1) of Act is maintainable only if some bone of contention is decided and adverse finding is recorded by High Court in exercise of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Person named in FIR but not charge sheeted by police can be summoned as accused in exercise of power u/s 319 Cr.P.C...........
Indian Penal Code, 1860, Section 392, 302, Evidence Act, 1872, Section 114 -- Robbery - Murder - Circumstantial evidence - Recovery of ornaments of deceased - Can lead to presumption that accused committed robbery, but charge of murder cannot be brought home unless there is some evidence to show that robbery and murder occurred at the same time i.e in the course of same..........
Indian Penal Code, 1860, Section 392, 302 -- Robbery - Murder - Circumstantial evidence - Last seen evidence - Accused were seen by PWs in the vicinity of neighborhood in the morning of day of incident - Last seen theory built up on the evidence of PW5 and PW7 leaves a significant margin of time during which crime could have been committed by somebody other than accused -..........
Criminal Procedure Code, 1973, Section 482, 464, 218, 216, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 11(j), 26 -- Quashing of proceedings - Framing of composite charge of offences - Defect in framing charge - If any, is an irregularity curable by trial Court on prayer of party or on his own motion and it is not an illegality which may vitiate..........
Criminal Procedure Code, 1973, Section 218 -- Charge - Separate charges for every distinct offence of which any person is accused should be framed...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape of minor girl - Appreciation of evidence - There is absolutely no material variation in statement of witnesses - Even, discrepancy as pointed out by counsel is very minor and is of little consequence as Court is required to see veracity of evidence on record - Moreover, informant, his wife and..........
