Indian Penal Code, 1860, Section 420, 506, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 558 -- Cheating - Quashing of FIR - Allegations against petitioner confined only to signing agreement to sell as an attesting witness, executed between complainant and co-accused qua which proceedings were already quashed - No averment or material on record to show that..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of PWs - Cross-examination is statutory right of accused - Unless and until said opportunity is provided to accused, he would not be in a position to put defence in a proper way - For conducting a fair trial, proper opportunity is required to be given to accused...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Recovery of two empty cartridges of 315 bore from place of occurrence and a country made pistol along with a live cartridge of 315 bore was recovered from accused `R' while searching him by Police officials - Accused `R' stated to Police that two rounds firing was made by him but no one injured - Other evidence..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Order to deposit 20% of compensation amount - Accused facing financial difficulty - Not a sufficient ground to waive off deposit of 20% of compensation amount...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Dispensing with mandatory requirement of S.37 of the Act not made out on accused's contention that his brother who is a Sepoy in Indian army has given an undertaking to ensure accused's..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Dispensing with mandatory requirement of S.37 of the Act not made out on the ground that accused is behind bars for an unreasonably long time of about two years - Order of bail set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Accused allegedly got the cavities ingeniously fabricated below the trailor to conceal the contraband - No case for dispensing with mandatory requirement of S.37 of the Act made out - Order of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of quashing, Court is not required to conduct a mini trial - Court has to only consider whether any sufficient material is available to proceed against accused or not - If sufficient material is available, power u/s 482 Cr.P.C. should not be exercised...........
Criminal Procedure Code, 1973, Section 173 -- A person accused in FIR but removed from list of accused during course of investigation - Police to issue notice to defacto complainant or their legal heirs whenever a person named as an accused in FIR is removed from the list of accused during course of an investigation...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - A person accused in FIR but removed from list of accused during course of investigation - During course of trial, appellant being a witness, will certainly have an opportunity to adduce evidence regarding all the persons who according to her participated in commission of offence - If such evidence is..........
