Criminal Procedure Code, 1973, Section 362, 173 -- Review of order - Police report as to 'truth undetected' accepted - By subsequent order of same date Magistrate took cognizance - Review of earlier order is impermissible in law - Subsequent order of taking cognizance is bad in law...........
Criminal Procedure Code, 1973, Section 204, 482 -- Complaint - Summoning order - Issuance of process u/s 204 Cr.P.C., is a preliminary step in the stage of trial - It is an interlocutory order and the same cannot be reviewed or reconsidered by the Magistrate, there being no provision under the Code for review of an order by the same Court - It is impermissible for the..........
Criminal Procedure Code, 1973, Section 204, 202, 200 -- Complaint - Summoning order - Recall - Magistrate has no power to review and recall summoning order - Remedy lies u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 311 -- Summoning of witnesses - Right to speedy trial - Quashing of proceedings - FIR registered in October, 1989 against the petitioner and his co-accused and charged framed in August, 1990 - Till April, 1997 not a single witness was produced by the prosecution to depose against the petitioner even though the accused remained..........
Criminal Procedure Code, 1973, Section 173, 301, 302 -- Report of police u/s 173 Cr.P.C. - Magistrate taking cognizance u/s 354 IPC - Successor Magistrate added a charge u/s 306 IPC on basis of record and fresh application of aggrieved party - No illegality - It does not amount to review of order...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Summoning order - Review/recalling of order - Application for recalling dismissed by the learned Judicial Magistrate - Petition for setting aside of order - Criminal Court cannot review or recall its own order - The order was open to challenge by filing either a revision or a..........
Indian Penal Code, 1860, Section 302, 34 -- Acquittal - Appeal against - High Court has full powers in appeal to review the entire evidence and come to its own conclusions - Held, further that High Court rightly believed the eye witness PW3, the widow supported by PW7, the son - If assailants could see the deceased sleeping in the light of the lamp, PW2 who was in the room..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Complaint against appellants - Complainant purchased 500 ml. bottle of `Lehar Pepsi' for drinking - Allegation that bottle contained many white particles - Magistrate summoning accused - Complaint not revealing role of appellants in manufacture of the beverage alleged to be adulterated - Only allegation that..........
Criminal Procedure Code, 1973, Section 125 -- Magistrate has no power to direct the wife to remain with husband and to direct the husband to accept the wife - Order passed without jurisdiction can be recalled - The power of recall is not review power but is an ancillary power to the power to dispose of the petition u/s.125 on merits...........
