Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Bar u/s 33(5) of POCSO Act - Victim is now aged about 22 years though she was below 18 years at the time of incident - For the purpose of S.33(5) of POCSO Act, relevant age is age at the time of examination of witness - S.33(5) POCSO Act..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim - Mere fact that accused was given sufficient opportunity to cross-examine witness and witness had gone into swoon during cross-examination shall not be grounds to deny a fair trial to accused - Application allowed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.438(1) Cr.P.C. applies not only at post FIR stage, but it does not require that offence must have been registered - It is contemplated by said section that if a person is going to apply for anticipatory bail, he must have a reasonable belief that he may be arrested on accusation of having committed a..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused has failed to explain as to how he has reasonable belief of being arrested by police - Law does not permit to knock at the door of Court for grant of anticipatory bail on merely vague assertions in the absence of any relevant material - Anticipatory bail rejected...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Challan presented within time but cognizance not taken as challan filed was being empty formality - Accused entitled to statutory bail...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - It is discretion of Magistrate to direct complainant to examine witnesses instead of directing an investigation - However, discretion cannot be exercised arbitrarily...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Direction for investigation - Allegations when warrant recovery of documents or other material objects which are in physical possession of accused or other persons then investigation is to be ordered as in such a case complainant will not be in a position to retrieve the relevant evidence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Merely because accused cannot be served either through ordinary summons or through bailable or non bailable warrants cannot be the basis for issuance of proclamation u/s 82 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Accused can be declared proclaimed offender when Court had reason to believe that accused against whom warrants were issued was absconding or concealing himself so that warrants could not be executed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Order declaring accused as proclaimed offender not passed in compliance of S.82(1) Cr.P.C. - Impugned order set aside - FIR u/s 174-A IPC quashed...........
