Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Averments made in the application u/s 173(8) Cr.P.C reveal that victim protested against deletion of charges u/ss 376, 417, 420 IPC - Victim would have to submit a protest petition against charge sheet filed by I.O. in which accused was not put up for trial for said offences - Application seeking..........
Indian Penal Code, 1860, Section 279 -- Rash and negligence driving - Mere fact that accused was driving the vehicle at high speed may not attract the provision of S.279 IPC - Criminal negligence or criminal rashness is an important element...........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of seized vehicle - Jurisdiction of Court - Vehicle involved in NDPS case - Application for interim custody of vehicle rejected on the ground that Magistrate has no jurisdiction since the vehicle was seized u/s 52 of NDPS Act - However, jurisdiction of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cannot be recalled merely on the ground that new counsel has been engaged and he found that certain vital questions have not been put to witnesses...........
Criminal Procedure Code, 1973, Section 311 -- Recall of rape victim for cross-examination - Victim in cases of sexual assault cannot be subjected to ordeal of repeated cross-examination where sufficient opportunity has already been granted to accused at appropriate stage to cross-examine the witnesses...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact can only be adjudicated after parties have duly adduced their evidence - High Court in exercise of its inherent powers u/s 482 Cr.P.C is obligated to make a just and equitable choice and cannot go beyond its..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304, 506, 34 -- Summoning of additional accused - Offence u/ss 304, 506, 34 IPC - PWs 1 to 4 specifically named petitioner and co-accused who participated in the assault on deceased - There is thus, prima facie evidence to summon petitioner for trial in question - Application rightly allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factual questions in the nature of defence are raised by accused - Such disputed questions has to be decided by examination of parties and cannot be considered in a petition u/s 482 Cr.P.C - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 376(2), 377, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Acquaintance between prosecutrix and accused started in the year 2011 - Physical relationship commenced in 2012 and continued till 2017 - It is..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement has been arrived at between complainants and 13 accused - Continuance of criminal proceedings would not be of any avail once the complainant has himself stated to withdraw the complaint - Their losses having been compensated, any further investigation or trial would be an exercise in..........
