Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361, Indian Penal Code, 1860, Section 440 -- Benefit of probation - Offence u/s 440 IPC - Appellants were convicted for maximum period of six months u/s 440 IPC - Therefore, benefit of probation could have been given - But, while awarding sentence said aspect was not considered -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 -- (Criminal Procedure Code, 1973, S.102) - Seizure of property - Police officer is entitled to seize property of accused persons during investigation by passing orders and only duty is to report such seizure to Magistrate concerned - There is no obligation cast upon police to seek prior order from Magistrate for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 -- (Criminal Procedure Code, 1973, S.102) - Freezing of bank account - Bank has acted in accordance with law in freezing petitioner's account pursuant to directions issued and request made by Cyber Crime Department and if petitioner is aggrieved by freezing and wants to get her account defreezed, it is open to her to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowers Court to arraign any person as an additional accused in an ongoing trial, who is not already an accused before it - If evidence suggests that such person has committed the offence which is subject matter of that trial, and should be tried with accused persons already..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidentiary standard required for a Court to exercise its discretion u/s 319 Cr.P.C., for summoning an additional accused, is significantly higher than prima facie threshold applicable at the stage of framing charges...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Name of respondent Nos.2 to 4 was mentioned in FIR, but during course of investigation police after examining material and statements on record, found them innocent and placed them in column No.2 - No new or independent material has been brought on record which could justify exercise of powers..........
Criminal Procedure Code, 1973, Section 173(8), 173(2) -- Further investigation/re-investigation - Cannot be ordered merely on account of fact that complainant has stated that he is not satisfied with investigation conducted...........
Criminal Procedure Code, 1973, Section 173(8), 173(2) -- Further investigation/re-investigation - Once a cancellation report is submitted, Magistrate can reject the same by giving reasons or refer the matter for further investigation - He also has option of taking cognizance of offence himself - However, question of rejecting cancellation report and sending same back for..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Non-disclosure of reasons - High Court has not disclosed any reason whatsoever as to basis on which bail has been granted - Impugned order set aside on this short ground itself - Matter remitted...........
