Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet - Plea that it is a preliminary charge sheet - On the basis of FIR lodged by informant, police completed the investigation and initially submitted the charge sheet and having considered the broad spectrum of conspiracy involved in the case, police continued with further investigation - Held, plea..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Complainant sought to examine his son on his behalf, as he was not keeping good health - However, initial application of complainant seeking same relief was declined while noticing that he had raised false pleas as regards his health whereas he regularly pursing his other cases in Court - No justifiable..........
Criminal Procedure Code, 1973, Section 273, 284, 285, 286, 287, 288, 289 -- FIR u/ss 406, 498-A IPC lodged by father alleging torture of her daughter for insufficient dowry and misappropriation of dowry articles - Daughter sought to be examined through video conferencing as she is currently not in India as she is awaiting permanent residence status in foreign country and..........
Criminal Procedure Code, 1973, Section 482, 161 -- Quashing of proceedings - Criminal proceedings cannot be quashed by assessing statements u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 177, 178, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Jurisdiction of Court - Cruelty - Quashing of FIR - All the offences itself complained arose in USA - Parties had invoked jurisdiction of US Court for their matrimonial dispute and all disputes stand settled - FIR at Panipat would not be sustainable qua..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of Bank manager along with relevant record - Defence of accused is that cheques were stolen and his signatures are forged - Court vide its earlier order permitted accused to summon Bank Manager with relevant record in his defence - However, when..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant's witness for further cross-examination - Trial is still at the stage of defence evidence - Accused prayed that an opportunity be granted to cross-examine complainant's witness on one date only - Adducing evidence by accused in support of..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Witness can be recalled at any stage if Court comes to conclusion that such recalling is essential for just decision of case...........
Criminal Procedure Code, 1973, Section 397, 482 -- Revision - Petitioner already availed remedy of revision - S.397(3) Cr.P.C bars filing of second revision and recourse to S.482 Cr.P.C can be taken only in exceptional cases...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of complainant for cross-examination - Ample opportunity was given to petitioner for cross-examining complainant - Ample opportunity was thereafter taken by petitioner for producing his defence evidence and ultimately defence evidence was also closed and matter was fixed for final arguments - At this stage petitioner..........
