Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revision - Revisional Court while dismissing revision was not justified in pronouncing upon merits of case much less making observation that order of attachment is interlocutory order against which revision was not maintainable - Direction issued to trial Court to conclude proceedings u/ss 145, 146 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Land dispute between parties wherein two rival parties are claiming title/ownership/possession - Dispute if any have to be resolved by competent civil Court - Simultaneously initiation of criminal proceedings u/s 145 Cr.P.C along with civil proceedings is nothing but..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - If rights of parties have already been adjudicated upon by a particular forum, then entertaining an application u/ss 145, 146 Cr.P.C would not be appropriate - SDM was thus, perfectly justified in discontinuing proceedings u/ss 145, 146 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revisional Court only directed trial Court to pass a fresh order after providing opportunity of hearing to all parties concerned on the application filed by SHO for continuing attachment of disputed land and releasing the rest of land from attachment - No illegality found in order passed by revisional..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Main purpose of exercise of powers by Executive Magistrate u/s 145 Cr.P.C is to determine the possession of one of the party - Both the parties have made rival claims regarding their possession, hence, it is question of fact, which can be determined only after enquiry..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200, 202, 482 -- Dishonour of cheque - An accused can be summoned on the basis of affidavit filed on behalf of complainant - There is no need to record statements u/s 200 and 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application of accused for striking off evidence has been dismissed - Quashing of order - If complainant is not allowed to file detailed affidavit, then the purpose and purport of provisions contained in NI Act would be rendered to be a nullity and the..........
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145 -- Previous statements of a witness - It is the right of every accused in a criminal trial to make use of previous statements of a witness including statements recorded by investigating agency during course of investigation for purpose of establishing contradiction in evidence or to discredit the..........
Criminal Procedure Code, 1973, Section 233(3), 91, 162, Evidence Act, 1872, Section 145 -- Summoning of enquiry officer - For producing statements recorded by enquiry officer for purpose of contradicting and impeaching some of PWs - No further investigation was conducted by Enquiry Officer - It was only a formal enquiry conducted by Enquiry Officer on feasibility of..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Second appeal arising out of civil suit pending wherein Court has directed the parties to maintain status quo - Proceedings quashed - Mustard crop seized or handed over to the receiver ordered to be returned back in a proper condition - If crop seized is not available then SDM shall be personally..........
