Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Act complained not an offence when committed - Accused cannot be brought to book merely because such act is criminalized in a subsequent legislation - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Murder - Non-disclosure of relevant facts in FIR - Disclosure of incident by minor to PW7 at the earliest opportunity rules out any possibility of tutoring - PW6 brother of deceased came to place of occurrence later and got busy in releasing body of his sister from morgue and..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW for cross-examination - Accused charged with serious offence u/ss 498-A, 323, 376, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Therefore, accused must not be stripped of his valuable right of a fair and impartial trial, because it would be negation of concept of due process of law - One opportunity to cross..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Petitioners have not issued cheque and they have tendered their resignation much before issuance of said cheques - These are incontrovertible facts - Only a bald averment is made in complaint against them that..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint by Company - When issue of proper authorization to file complaint on behalf of company and having knowledge of the transaction between parties can only be an issue of trial, petition u/s 482 Cr.P.C to quash order taking cognizance cannot be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 409, 120B -- Quashing of order - Cheating - Investigation of case by police is not held in a fair manner and still statements of complainant and witnesses have not been recorded by I.O - When complainant alleged that statements of complainant and witnesses have not been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time to complete investigation granted without opportunity to accused to have his say - Order is illegal and unsustainable in the eye of law - Default bail granted...........
Criminal Procedure Code, 1973, Section 439, 167(2) -- Default bail - Strict rules of pleadings not applicable in bail petition - Even if a ground for grant of bail is not taken in the bail petition and not argued by the counsel for the accused, Court is not deprived of releasing the accused on bail on such ground if it is legally sustainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of five cheques - Two complaints - Joint trial - Liability of accused in both the cases is different in nature as in one case cheques are stated to have been issued to discharge debt of financial assistance provided by an individual, whereas, in another case cheques..........
