Criminal Procedure Code, 1973, Section 190(1)(a), (b), 460(e) -- Cognizance of offence - Any Magistrate is empowered to take cognizance of the offence - If there is any irregularity in taking cognizance then the same is saved by S.460(e) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Testimony of prosecutrix is complete and 7 out of 14 witnesses have been examined - Accused is a young boy of 21 years and is in custody for the last more than 1-1/2 years - Trial is likely to take long time - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim against acquittal - Victim is not required to file delay condonation application even if appeal is filed with delay of more than 90 days - The only requirement is to file an affidavit explaining the delay - If Appellate Court is satisfied with the explanation offered, Court is entitled to proceed to consider..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Preliminary inquiry - When in the opinion of Court there is enough material to initiate proceedings, there is no need to conduct preliminary inquiry...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - No statutory requirement that Court should give opportunity of hearing to accused before filing a complaint nor it is necessary that a preliminary inquiry is to be held mandatorily...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Once an opinion has been formed with regard to offence having been committed u/s 340 Cr.P.C, Court needs to make a complaint in writing and the same has to be sent to a Magistrate of competent jurisdiction - Magistrate has to deal with such a complaint u/s 343 Cr.P.C as if it was instituted as a police report...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing and only on one date he could not appear due to wrong noting of date of hearing - It was inappropriate for Court to dismiss the complaint in default especially when case was listed for..........
Indian Penal Code, 1860, Section 306, 114, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing - Deceased working as Manager at petrol-pump of accused - While working as Manager there was some malpractices and misappropriation done by deceased - Asking deceased about details of accounts does not amount to abetment to commit suicide - FIR and..........
