Criminal Procedure Code, 1973, Section 91, 311 -- Production of documents - Failure of prosecution to file a document along with charge sheet is an omission constituting a procedural lapse only - Procedural lapse cannot be placed at par with substantive violation of law...........
Criminal Procedure Code, 1973, Section 91, 311, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Production of documents - Offence u/ss 13(1)(d), 13(2) of P.C Act - Production of an additional document during course of trial and summoning an additional witness to prove document cannot be found to be totally impermissible under law in cases under P.C Act...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to investigate - Can be ordered only at pre-cognizance stage, that is to say, before taking cognizance u/ss 190, 200 & 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2) -- Fifth bail application - Bail granted - Cancellation of bail - Bail granted by holding that no overt act is assigned to accused whereas there is specific allegation that accused actively aided the commission of crime by furnishing information about movements of deceased - High Court failed to consider seriousness and gravity..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court while exercising its power u/s 482 Cr.P.C to quash FIR instituted against accused should have applied following two tests: (i) whether allegations made in complaint, prima facie constitute an offence; and (ii) whether the allegations are so improbable that a prudent man would not arrive at the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 34 -- Quashing of proceedings - Abetment of suicide - Suicide note - High Court while considering petition for quashing has tested the veracity of allegations in the criminal complaint and in the suicide note left behind by deceased without having the benefit of an evidentiary record which..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 155 -- Prior sanction of Magistrate - High Court observed that for investigating agency to investigate group of offences which include non-cognizable one it must obtain a sanction from the concerned Magistrate before launching the investigation - Held, offence under the Prevention of Corruption Act is a substantive..........
Criminal Procedure Code, 1973, Section 367, 391 -- Scope of the Appellate Court - In a criminal appeal against conviction, the appellate court examines the evidence recorded by the trial court and takes a call upon the issue of guilt and innocence of the accused - Hence, the scope of the appellate court`s power does not go beyond the evidence available before it in the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compounding of offences at revisional stage - Settlement between the parties and due amount is paid to complainant - Conviction and order of sentence, quashed and set aside with Cost of Rs.10,000/-...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/s 20(b) of Act of 1985 - Challan filed without FSL report - Not a complete challan - Accused is entitled to default bail...........
