Criminal Procedure Code, 1973, Section 161 -- Police statement recorded u/s 161 Cr.P.C - Merely because police statement contains Crime No., it cannot be held that it is an ante-dated and ante-timed document for the simple reason, that time of recording of statement is also mentioned by I.O...........
Criminal Procedure Code, 1973, Section 378(1)(3), Indian Penal Code, 1860, Section 325, 326, 114, 504 -- Appeal against acquittal - Leave to appeal - Offence u/ss 325, 326, 114, 504 IPC - Trial Court has rightly found that prosecution has miserably failed to establish case and has rightly acquitted accused - No compelling reasons or infirmity to interfere with order of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Roving and detailed enquiry at the stage of framing of charge is not permissible...........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
Criminal Procedure Code, 1973, Section 439 -- Bail - It is not necessary for Court to give elaborate reasons while granting bail particularly when case is at the initial stage...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order de hors reasoning or bereft of relevant reasons cannot result in grant of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Allegation against accused is that he overpowered deceased who was suffering from impairment of both of his legs, pinned him to ground sat on him and throttled his neck - Offence alleged against accused is of a grave nature - Accused was arrested only following a protest..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint case ordered to be tried as summons case - Quashing of order - Trial Court passed order while advancing plausible reasons - Order of trial Court to try complaint case as summon case held, proper...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - If in doing official duty public officer if committed any mistake or has been summoned in excess of duty even then sanction of Government as provided u/s 197 Cr.P.C is mandatory...........
Criminal Procedure Code, 1973, Section 197, 482 -- Sanction for prosecution - Quashing of proceedings - If on face of complaint, act alleged appears to have a reasonable relationship with official duty, power u/s 482 Cr.P.C would have to be exercised to quash proceedings to prevent abuse of process of Court...........
