Criminal Procedure Code, 1973, Section 202(1) - - Directions for investigation - Held, direction for investigation by a police officer cannot be made, as provided under proviso to sub-s.(1) of S.202 Cr.P.C., unless complainant and witness present have been examined on oath u/s.200 Cr.P.C...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Case of no injury - Previous enmity and political groupism between parties is well established on record - Accused fired shots aiming towards complainant, but shots did not hit any person travelling in jeep - Two important witnesses travelling in jeep are not examined by prosecution - Contradictions in the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Recovery of tainted money - Plea that it was thrust on him - No witness examined to prove the initial demand - Tainted money alleged to be thrust on accused and when he tried to push it back, his hands got smeared resulting in left and right hands giving positive of sodium carbonate and phenolphthalein -..........
Indian Penal Code, 1860, Section 323 -- Voluntarily causing hurt - Acquittal - Validity - One of the accused alleged to have caught hold of complainant and other accused slapped on his face - No independent witness was examined - Magnitude of injury blown out of proportion - Major contradictions found in testimony of injured, medical report and evidence tendered by medical..........
Indian Penal Code, 1860, Section 420, 409, 406 - - Company - Vicarious liability - Complaint against company, its Managing Director, Company Secretary and 4 directors - Summoning order against Managing Director, Company Secretary and four directors quashed as (i) Witnesses examined by complainant did not specifically state as to which of the accused committed breach of..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Complainant and his witnesses examined - Thereafter application sent to police with the direction to register a case and investigate the matter - Such a procedure adopted is illegal and contrary to law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Cheque issued by accused to repay amount of loan got dishonoured - Defence of accused that he had given cheque to one `G' to purchase motor cycle - However, said `G' was not examined by him - Held, accused liable to be convicted - Since matter relates to year 2002 and already ten years have passed from..........
Criminal trial -- Independent witness - Given up as won over - Held, it is for the counsel of complainant to see to whom he wants to examine and the witness not supporting him not to be examined...........
Indian Penal Code, 1860, Section 467 -- Forgery - Complainant not examined - Accused convicted as the prosecution witnesses have established the prosecution case to the hilt...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of complainant for further cross examination - Complainant duly cross-examined once - Application u/s 311 filed on account of change of counsel by petitioner - Held, this is not a ground to seek recalling of complainant for further cross-examination - Petition dismissed...........
