Criminal Procedure Code, 1973, Section 362 -- Review - Application seeking permission to file a review at the instance of a person who was not a party to criminal proceedings is not maintainable in a criminal appeal...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles - During pendency of investigation - Seized articles cannot be released by Court u/s 451 Cr.P.C at the stage of investigation - However, u/s 457 Cr.P.C, Court has jurisdiction to give custody of seized property/articles at the stage of investigation when those articles are not produced before..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant at the stage of consideration of application u/s 311 Cr.P.C. - Complainant had already led his evidence - Magistrate could have dismissed the application and proceeded with the case on the basis of..........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR - Mala fide motive - Mala fide motives are required to be affirmatively pleaded and proved - Person against whom mala fide or bias is imputed should be impleaded as a party respondent to proceedings eo nomine and that in his/her absence no inquiry into allegations can be made...........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR/complaint - Plea of mala fide - Assets disproportionate to known sources of income - If sufficient materials are gathered for sending the accused for trial then plea of mala fide may not per se form basis for quashing FIR/complaint...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry - At the stage of preliminary inquiry, exercise of investigative powers being barred, such an inquiry is intended to facilitate process of formation of opinion as to whether FIR at all is required to be registered...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR/complaint - Whenever powers are invoked either u/art 226 of Constitution or u/s 482 Cr.P.C for quashing of FIR/complaint, Courts would not be justified in embarking upon an enquiry as to probability, reliability or genuineness of allegations made therein...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Material on record is not sufficient for summoning of an additional accused - Even, material produced on record was not sufficient for conviction of accused against whom charge sheet was filed, as he was acquitted by trial Court - Application dismissed...........
Criminal Procedure Code, 1973, Section 464 -- Omission/error in framing of charge - Mere absence or any error or any irregularity in framing of charge would not vitiate trial and invalidate conviction of an accused, unless and until there has been a failure of justice due to said absence, error or irregularity...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Petitioner intentionally made a false statement on oath before a Court of law - Merely because no preliminary inquiry was conducted it would not in any manner vitiate the trial - Since petitioner belongs to lower strata of society and his whole family is dependent upon him, sentence awarded to him is reduced to S.I of..........
