Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Document sought to be produced is certified copy of a petition filed by complainant u/s 438 Cr.P.C seeking anticipatory bail - However, contents of document were very well within knowledge of petitioner at the time of leading evidence before trial Court - But accused did not produced the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 410, 467, 468, 471, 120B -- Bail - Forged transfer deed - Petitioner attested sale deed as a witness on basis of Aadhar card - However, petitioner who is a practicing advocate is expected to be more careful and more responsible and he cannot sign sale deed as a witness simply on basis of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 387, 448 -- Quashing of FIR - Offence u/ss 384, 387, 448 IPC - FIR registered to achieve ulterior motive of collateral purpose of eviction for which no recourse to criminal proceedings can be initiated - Even, action of police locking entrance collapsible iron gate of suit premises is also..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to investigate - Without insisting upon complainant to file affidavit - Order is unsustainable...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Interim bail - Offence u/s 376 IPC and S.4 of POCSO Act - Bail granted without notice to complainant of FIR - Courts are bound to follow Practice Directions dated 24.09.2019 and directions of high Court as laid down in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 468, 471 -- Quashing of proceedings - Cheating - Compromise in civil Court - After availing benefit of said compromise, complainant cannot go back and reagitate the matter before another forum - Compromise includes all issues - Complainant cannot take a portion of the compromise which is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 326, 341, 148, 149, 506 -- Bail - Attempt to murder - Injury caused by sword blow on left arm of injured by accused cannot be said to be an injury dangerous to life - Accused is active in village politics and thus his wrongful inclusion in FIR cannot be ruled out - Trial is not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10 -- Bail - Offence u/s 354-A IPC and Ss.7, 8, 9, 10 of POCSO Act - Maximum punishment that can be imposed in the case is below 7 years - Accused was arrested on 21-4-2020 - S.354-A IPC is bailable - Whether offences..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - For S.427(1) Cr.P.C to apply, condition precedent must be that person convicted and sentenced on subsequent occasion was already undergoing a sentence of imprisonment in previous case - If accused was not so undergoing a sentence in previous case, S.427 Cr.P.C will not apply at all...........
