Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Proceeding to quash FIR pending before High Court - Court vide impugned order directed petitioner to appear before I.O if a fresh notice is issued u/s 41-A Cr.P.C - Since lock down restrictions have been imposed in the State, petitioner not required at this stage to comply with summons u/s 41-A Cr.P.C..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - Offence u/s SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under the Act - Where Court finds that no prima facie case is made out or where on judicial scrutiny, Court finds that..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution of decree - Sale of property - Upset price - Fixation - Property was originally fixed by Court at Rs.30,00,000/- - Upset price may be refixed on basis of valuation report relating to property filed by Advocate Commissioner in another execution petition - Value of entire property was assessed by Advocate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prayer for expeditious disposal of application - Plaintiff did not take steps for service on defendants for more than one year and seven months after issuance of notice - Notice and summons not served and period for drawing presumption of service was also not over by the date of passing order -..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - First appeal in criminal matter requires Court to form his opinion on the basis of evidence on record and opinion of trial Court - In the instant case facts have been stated followed by what each witness has deposed - Thereafter it was stated "prosecution has been successful in proving guilt of..........
Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Registration of crime - Law as to: (i) It is not permissible to register crime only against non-cognizable offences, without order of Magistrate having power to try such case or commit case for trial, (ii) It is also not permissible to police officer to apply for getting sanction u/s 155(2)..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Form no.DIR-11 clearly evidences that petitioner resigned on 15.06.2016 and was no longer responsible for conduct of business of accused no.1 company on the date of commission of offence - Even, cheque in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 376, 511, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Interim bail - Medical ground - Rape case - Accused was given treatment in super specialty hospital - No shortcomings were found in medical treatment offered to accused, which could have been basis for..........
Criminal Procedure Code, 1973, Section 85(3), 482 -- Order u/s 85(3) Cr.P.C is amenable to an appeal u/s 86 Cr.P.C - Therefore, when there is a provision for redressing grievance, normally it is not permissible to exercise inherent jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 85(3), 482 -- Release of attached property - Denial - Case records were not traced without which an order passed dismissing application that too without knowing real impact of S.85 CrP.C - Accused was acquitted after order of attachment and he passed away later on - Issue whether accused appeared within two years and had shown..........
