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..........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint case - Dismissal - Validity - Court has proceeded on relevant inquiry u/ss 200 and 202 CrPC and on consideration of entire material evidence on record and oral statement has given well reasoned opinion for dismissing complaint - Held, no prima facie offence appears to have been made out - No illegality or..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Case based on circumstantial evidence - Exercise of power by Court - Court below did not examine the matter taking a full conspectus of the case - Held, whether chain of circumstances brought on record would reasonably lead to conviction of persons proposed to be added as accused ought to..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Dishonoured cheque returned by Bank on 07.02.2008 with an endorsement that funds were insufficient - Legal notice sent on 03.03.2008 demanding cheque money - First complaint filed on 29.04.2008 which was dismissed in default..........
Criminal Procedure Code, 1973, Section 207, 209, Indian Penal Code, 1860, Section 376 -- Rape case - Exclusively triable by Court of Session - Magistrate probed into the matter and discharged accused - Legality - Held, when offence is cognizable by Session Court, Magistrate cannot probe into matter and discharge accused - It is impermissible - Order of discharge is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of order taking cognizance - Complainant received information of dishonour of cheque on 25.08.2008 - Demand notice issued on 6.11.2008 through registered AD - Held, demand notice issued much later of 30 days period as required u/s.138(b)..........
Civil Procedure Code, 1908, Order 9, Rule 2, Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 5, Rule 20 -- Dismissal of suit - Non-service of summons - Order dismissing suit U.O.9.R.2 of CPC for not taking steps to furnish correct address of 1st defendant - 1st defendant was reported to have gone abroad and not residing at the address where..........
Criminal Procedure Code, 1973, Section 397(1)(3), 482 -- Second revision - Maintainability - Held, against order passed in a criminal revision petition, no second revision is maintainable by virtue of bar u/s.397(3) Cr.P.C. - However, relief contemplated u/s.482 Cr.P.C. is still available, but High Court would exercise inherent jurisdiction in such an event only to prevent..........
Criminal Procedure Code, 1973, Section 26, 193, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Committal of case to Court of Sessions - Proprietary of - Magistrate committed case on the ground that accused persons had also committed an offence u/s 3(1) (x) of S.C/S.T. Act and case ought to be tried to Court of Session -..........
