Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 307, 308 -- Modification of charge - Nature of offence - Medical evidence does not state that injury was sufficient in ordinary course of nature to cause death - Offence committed by accused does not travel beyond S.308 IPC - Framing of charge u/s 307 IPC is bad in law - Trial Court directed to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 294, Information Technology Act, 2000, Section 66(E), 67, 67(A) -- Anticipatory bail - Offence u/ss 120-B, 294 IPC and Ss.66(E), 67, 67(A) IT Act - Perusal of FIR shows that it would be a matter of trial whether offence u/s 67(A) of IT Act is made out or not, as all other offences are..........
Criminal Procedure Code, 1973, Section 446 -- Dishonour of cheque - Non-appearance of accused - Initiation of proceedings u/s 446 Cr.P.C - No explanation furnished by accused for his absence before appellate Court - Appellate Court cancelled bail of accused and ordered for initiating proceedings against accused u/s 446 Cr.P.C - Since accused is ready and willing to..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Second anticipatory bail application - Illegal gratification - First bail application dismissed as withdrawn with liberty to file fresh anticipatory bail application before trial Court in view of subsequent event that competent authority refused to grant sanction..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Bail - Offence u/ss 15, 25 NDPS - Recovery of 54 kgs poppy husk - As per petitioner, alleged recovery is slightly more than the quantity prescribed for commercial category and said recovery has been made from both the accused persons that too from a car -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Opportunity to cross-examine PWs not availed by Amicus Curiae (appointed for defending accused), as a result of which it was closed by trial Court - Since legal aid provided by Amicus Curiae was not real and effective, as he denied to cross-examine PWs, therefore impugned order is passed on..........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - S.300 Cr.P.C bars trial of a person again not only for same offence but also for any other offence on same facts - It also applies to offence for which charges might have been framed at previous trial...........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Accused acquitted in previous offence - Incident in both trials i.e previous and second are same, based on same prosecution story and facts - Acquittal in previous case is in force - Second trial of accused for same offence in which he is acquitted is barred by S.300 Cr.P.C...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A -- Quashing of proceedings - Defence set up by accused cannot be made basis for quashing proceedings...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Negotiable Instruments Act, 1881, Section 138, Ranbir Penal Code, 1989, Section 420 -- Quashing of proceedings - Dishonour of cheque - Defendant filed petition for quashing on Retirement-cum-partnership deed - It is only a fact which may be required to be proved during course of trial, whose evidentiary value..........
