Criminal Procedure Code, 1973, Section 210, 482 -- Private complaint - Summoning of accused - Legality - FIR lodged against five persons - Charge sheet filed against one accused - Cognizance taken on charge sheet but case not yet committed - Father of victim filed a complaint in respect of same offence impleading remaining accused - Summoning order passed - Case has not..........
Criminal Procedure Code, 1973, Section 401 -- Order of acquittal - Revision - Held, order of acquittal not liable to be interfered without giving notice and providing opportunity to person in whose favour such order had been made by subordinate Court - Revision petition dismissed...........
Criminal Procedure Code, 1973, Section 401, 250 -- Order of Magistrate directing complainant to pay compensation to accused - Revision against - Held, revision itself not maintainable since statutory appeal is provided against an order awarding compensation u/s 250 of the Code...........
Criminal Procedure Code, 1973, Section 250, 190(1)(b) -- Case instituted on police report - Order of acquittal - Order of compensation - Validity - Held, in a case instituted on police report, an order of acquittal passed in favour of accused, after trial, even if Court finds that accusation made by de facto complainant was without reasonable cause cannot give rise to any..........
Civil Procedure Code, 1908, Section 96, Order 21, Rule 58(4) -- Sale of attached property - Objection as to - Held, Court dealing an objection or claim over property under attachment has two options left to it - Either it can reject such claim or objection at threshold as provided u/proviso to sub-r.(1) or determine such questions u/sub-r.(2) of R.58 - If Court declines to..........
Criminal Procedure Code, 1973, Section 203, 397, 401 -- Complaint - Dismissed u/s 203 after taking cognizance and pre-issuance of process - Revision against - Right of accused to be heard - Held, once a challenge is laid to such order at instance of complainant in a revision petition before High Court or Sessions Judge accused persons get right of hearing before Revisional..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427, 31 -- Dishonour of cheque - Conviction - Sentence - Conviction of petitioner in two cases for offence u/s.138 of NI Act - Sentences awarded in both cases - Petitioner is not a habitual offender as no other case of similar nature is pending against him - He is having no criminal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) - - Dishonour of cheque - Non-appearance of complainant - Acquittal - Validity - Complainant was represented by his Advocate - Case was fixed for receipt of report of service of summons upon accused - It was neither fixed for appearance of accused nor for hearing - Held, case could..........
Criminal Procedure Code, 1973, Section 167, 309, Article 226 -- Constitution of India, 1950, 1950, - Writ of Habeas Corpus - Not to be entertained when person is committed to judicial custody or police custody by competent court by an order which prima facie does not appear to be without jurisdiction or passed in absolutely mechanical manner or wholly illegal...........
Criminal Procedure Code, 1973, Section 167, 309 -- Remand order - Nature & Scope - There are two provisions in Code which provide for remand, i.e., Ss.167 & 309 - Act of directing remand of accused is fundamentally a judicial function and not the executive one - Purpose of remand is that investigation cannot be completed within 24 hours and enables Magistrate to see that..........
