Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court in case of acquittal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court are found to be just and proper...........
Criminal Procedure Code, 1973, Section 438, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, 4 -- Anticipatory bail in an offence u/ss 3, 4 of Act of 1989 - Not permissible in view of an express bar u/s 18 of Act of 1989 - However, summoning Court can grant bail on merits to which there is no statutory bar...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Accused not specifically informed to lead his defence evidence - Amicus Curiae made endorsement to the effect that accused does not want to give defence evidence - Endorsement made by Amicus Curiae does not reflect that it was made on the instructions of accused and accused was informed or made aware about..........
Criminal Procedure Code, 1973, Section 193 -- Summoning of additional accused - Sister of deceased who first reached place of occurrence did not name either of petitioners as an assailant - Even injured and independent witness not named the petitioners - Prosecution not gave any such evidence which convinced Court to record a satisfaction of existence of prima facie..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860 -- Summoning of additional accused - Material contradictions in the statements of PWs regarding manner in which incident took place - Ex-facie after testing evidence and material available on record is not such which can convince the Court regarding existence of evidence stronger than that required to..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C. - Encroachment of Municipal Board's Land - Executive Officer (Municipality) cannot have taken recourse of proceedings u/ss 145, 146 Cr.P.C. against a private individual - If at all the individual concerned were causing public nuisance, recourse was to be taken of proceedings u/s 133..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Forged letter filed in Court - No case that forgery was committed after letter was filed in Court - Provision u/s 195(1)(b)(ii) Cr.P.C. not attracted...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - No limitation is prescribed before Appellate Court to entertain an application - Objection of complainant that application was filed by accused after about 4 years of filing of appeal is not sustainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Criminal Procedure Code, 1973, Section 169 -- Negative final report - Trial Court rejecting it and taking cognizance - Recovery of opium - Admittedly, before proceeding for raid, seizure officer did not collect any evidence to give reasonable suspicion that petitioner has dominion over place where..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 192, 193, 194, 199, 211 -- Quashing of proceedings - Offence u/ss 192, 193, 194, 199, 211 IPC - In the instant case, Court convicted son and acquitted wife for murder of deceased - Aggrieved by decision sister of deceased fabricated false evidence against wife of deceased to deceive her - Sister..........
