Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation by CBI - Permissibility - CBI is an independent establishment and not a local police station - Special Judge exceeded its jurisdiction in directing investigation u/s 156(3) Cr.P.C. by CBI, as he was not empowered to direct investigation to any other officer other than the officer in charge of..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complaint - Personal appearance of complainant whether necessary or not is a matter of discretion of Court and such discretion has to be exercised judicially - Magistrate has a duty to see whether personnel attendance of complainant is unavoidable to step down further in the process of adjudication - If..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in prosecuting the case prior to..........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Ex parte decree - Setting aside - Appeal against ex parte decree dismissed as not pressed - Withdrawing appeal or not pressing the appeal, is one and the same as in both the cases, there would be no order on merits - Since not pressing appeal would come under the purview of `withdrawal', it enables the party to invoke..........
Criminal Procedure Code, 1973, Section 156(3) -- Directions for registration of FIR and Investigation - Quashing of order - Prior to registration of FIR, hearing is not required to be afforded to proposed accused persons - Cr.P.C. does not give any right to anybody to challenge the registration of the first information report against him when he is alleged to have..........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Laws of inheritance merely stipulated the priority of succession to property of deceased, cannot possibly have been intended to be solely determinative of entitlement to exercise the rights of victim on his/her death in criminal trial process - A criminal offence results in personal injury to victim, which in no way..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Locus standi of private parties - Maintainability - Presumption of innocence in favour of accused after acquittal was sought to be protected by not only subjecting the appellant remedy to leave to Court but also restricting this remedy to only hands of State and complainant - Standing of private third party to..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Right to appeal given to a `victim' u/s 372 Proviso Cr.P.C. is prospective - It is the date of passing of order to be appealed from and not any other fact situation, which shall determine the right to appeal of a victim...........
Criminal Procedure Code, 1973, Section 482 -- Order directing to open history-sheet of petitioner - Quashing of order - Eight cases were registered against petitioner, out of them, investigation of four cases was pending - However, till date, petitioner has not been convicted in any of cases - Petitioner is not a habitual criminal - Impugned order set aside - Respondents..........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Issuance of process - Where Magistrate recorded the statement of complainant and his/her witnesses, he is not precluded to seek investigation report u/s 202(1) Cr.P.C. in order to arrive at the decision for purpose of summoning of accused or otherwise...........
