Criminal Procedure Code, 1973, Section 204 -- Non bailable cognizable offence - Complaint - Court issuing summons - Having exercised the discretion to issue summons only, accused cannot be remanded to custody when he appears in Court and is willing and prepared to offer bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - If threat of arrest is due to reasons other than what is sated in S.438 Cr.P.C. like non appearance in Court even after receipt of summons or directions by Court or default appearance in Court, S.438 Cr.P.C. has no application...........
Criminal Procedure Code, 1973, Section 202, 195, 340, Indian Penal Code, 1860, Section 191, 193, 209 -- Offences u/ss 191, 193 & 209 IPC - Issuance of summons - Validity of - Held, S.340 of the Code prescribes procedure to be followed for offences mentioned in S.195 of the Code - Court could not have taken cognizance of offence allegedly committed by petitioner u/s 193 r/w..........
Criminal Procedure Code, 1973, Section 205 -- Dispensing with personal appearance - Complainant, who contributed to chit fund, when wanted to draw his own amount, cheques issued towards payment of same by accused were dishonoured - When summons were issued, in spite of receiving summons, accused failed to appear and when NBWs were issued those were also not executed - Only..........
Criminal Procedure Code, 1973, Section 254, Indian Penal Code, 1860, Section 188, 427 -- Summon case - Discharge of accused - Legality of - Held, both offences punishable u/ss 188 and 427 IPC are offences for which appropriate trial can only be summons trial, in which case there is no question of framing charge - If so, there is no question of discharging accused also - In..........
Criminal Procedure Code, 1973, Section 256 -- Ingredients of the provision of S.256(1) Cr.P.C. are : (i) that summons must have been issued on a complaint, (ii) the Magistrate should be of the opinion that for some reasons, it is not proper to adjourn the hearing of the case to some other date; and (iii) the date on which the order u/s 256(1) can be passed is the day..........
Criminal Procedure Code, 1973, Section 71, 87, 89 -- Non bailable warrants - When to be issued by Magistrate - Petitioners appearing in person on all dates - On one date they were not present as date was wrongly noted - Counsel was out of station - Magistrate issued non bailable warrants against them - Held, that Court should take into consideration the important aspects..........
Indian Penal Code, 1860, Section 148, 149, 120B, 500, 506, Criminal Procedure Code, 1973, Section 203, 245, 255, 378 -- Appeal against acquittal - Magistrate discharged accused as there was not sufficient material to frame charge against them - Revision against - Order for framing of charge passed - Held, that trial Court cannot pass an order of discharge in a summons case..........
Criminal Procedure Code, 1973, Section 91 -- Issuance of summons for production of documents - In absence of averments by petitioner that documents warrant summoning on account of their relevancy to case and necessity to meet ends of justice, petition u/s.91 Cr.P.C. cannot be allowed...........
Criminal Procedure Code, 1973, Section 190, 200, 204, 72, 73 -- Complaint case - Service of summons - In the first instance summons should be served alongwith copy of complaint - If service avoided then bailable warrants should be issued - If accused avoiding Court's proceedings intentionally then non-bailable warrants be issued - Courts to refrain from issuing non..........
