Criminal Procedure Code, 1973, Section 407 -- Transfer of murder case - Apprehension which has been made basis to seek order for transfer of case pending before Court below is absolutely weak and cannot be remotely said to be reasonable - No sufficient ground to transfer of case - Application dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 3, 6, 5, 17, 16 -- Quashing of FIR - Kidnapping and rape of 17 years old girl - Settlement between parties - Accused and victim got married - Compromise and settlement entered between parties and marriage subsequently..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Negotiable Instruments Act, 1881, Section 138, 82, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Material alteration - Quashing of complaint - Factum of who carried out material alteration is disputed - Disputed question of fact cannot be gone into by High Court while exercising its powers u/s 482 Cr.P.C - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Scope and ambit of power of Court u/s 319 Cr.P.C. - Analysed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C is an enabling provision empowering Court to take appropriate steps for proceeding against any person not being an accused for also having committed the offence under trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319(1) Cr.P.C can be exercised at any stage after the charge-sheet is filed and before pronouncement of judgment, except during the stage of Ss.207, 208 Cr.P.C, committal, etc. which is only a pretrial stage intended to put the process into motion...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Word "evidence" in S.319 Cr.P.C means only such evidence as is made before Court, in relation to statements, and as produced before the Court, in relation to documents...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of exercising power u/s 319 Cr.P.C, Court is not required to appreciate and/or enter on the merits of allegations of case...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - While exercising power u/s 319 Cr.P.C. Court has not to wait till cross-examination - On the basis of examination-in-chief of a witness if a case is made out, a person can be summoned to face trial u/s 319 Cr.P.C...........
