Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 468, 471, 120B -- Quashing of complaint - Offence u/ss 419, 420, 468, 471, 120-B IPC - Accused persons allegedly on pretext of renewing insurance policy duped complainant`s money - As per investigation it is an organized large-scale criminal operation to cheat several people - Merely..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for further cross-examination - Prosecution was permitted to produce and prove relevant record sought earlier by filing application u/s 311 Cr.P.C. - However, no witness was recalled or examined for purpose of proving additional record - Accused thus, compelled to file present application for purpose of..........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property - Requirement of written application - No such application is required if accused appears or arrested within a period of two years - Requirement of written application would arise only on lapse of two year period mentioned in S.85(3) Cr.P.C. and failure to arrest accused or non-appearance of..........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property - Two year period mentioned in S.85(3) Cr.P.C has to be reckoned from date of attachment till date of arrest or appearance of accused and not with respect to date on which an application submitted u/s 85(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property - Two year period mentioned in S.85(3) Cr.P.C is amenable for relaxation when there is sufficient ground and proof of satisfaction of Court, wherein also Court can apply its discretion to advance justice...........
Criminal Procedure Code, 1973, Section 85(3), 482 -- Order u/s 85(3) Cr.P.C is amenable to an appeal u/s 86 Cr.P.C - Therefore, when there is a provision for redressing grievance, normally it is not permissible to exercise inherent jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 85 -- Word `shall' engrafted in S.85(3) Cr.P.C makes provision mandatory casting a duty on Court to release property on subjective satisfaction of non-existence of willful absence and it shall be exercised on production of accused after his arrest or his appearance before Court...........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property - Court should not be more serious while exercising jurisdiction u/s 85(3) Cr.P.C and it shall not be used mechanically to defeat valuable right over property, especially when accused appeared or arrested within two years from date of attachment...........
Criminal Procedure Code, 1973, Section 85 -- Release of attached property - Vesting of property with State government u/s 85(2) Cr.P.C should be understood not as complete, but as an enabling provision for purpose of selling property as envisaged under said section till expiry of 2 years mentioned in S.85(3) Cr.P.C and it may become absolute only on expiry of two years -..........
Criminal Procedure Code, 1973, Section 85(3), 482 -- Release of attached property - Denial - Case records were not traced without which an order passed dismissing application that too without knowing real impact of S.85 CrP.C - Accused was acquitted after order of attachment and he passed away later on - Issue whether accused appeared within two years and had shown..........
