Criminal Procedure Code, 1973, Section 227 -- Discharge - If material available on record prima facie does not constitute alleged offence then accused should be discharged and not otherwise...........
Criminal Procedure Code, 1973, Section 273, 278 -- Recording of evidence in presence of accused - Presence of accused or his pleader is required at the time of recording examination in chief of a material PW - Accused or his Pleader has a right to object to a leading or irrelevant question being asked to witness during chief examination - Therefore, if trial Court permits..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Agreement to sell - At the stage of execution of an agreement to sell, question of handing over of original documents would not arise - Even if allegation is taken to be correct, by no stretch of imagination can it be said that by not handing over original document of ownership..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(u) SC/ST Act - Quashing of proceedings - Alleged incident of insulting and humiliating complainant did not occurred in public place - No substantial material found to attract S. 3(1)(u) SC/ST Act, therefore proceedings..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 77, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 77 JJ Act - Quashing of proceedings - Neither allegations related to S.77 JJ Act is corroborated by medical or psychological evidence nor allegation is sufficient according to written complaint and statement u/Ss. 161 and 164 Cr.P.C -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(1) -- (Criminal Procedure Code, 1973, S.167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.36-A(4), 21, 29 - Default bail - Merely because petitioners are alleged to be habitual offenders, that would not disentitle them for grant of statutory bail...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(1) -- (Criminal Procedure Code, 1973, S.167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.36-A(4), 21, 29 - Default bail - Offences for which petitioners have been charged are punishable with imprisonment for a term which may extend upto 10 years, there being no minimum of 10 years - Merely because..........
Criminal Procedure Code, 1973, Section 357A -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.396) - Victim compensation - Compensation to victim is mandatory even when offender is not traced or identified but victim is identified...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 379 -- Victim compensation - Theft - Loss of gold jewellery - For gold jewellery, calculation should be based on date when decision to pay compensation is made and not date of offence...........
