Criminal Procedure Code, 1973, Section 239 -- Discharge - Probative value of materials not required to be considered at the stage of considering application for discharge...........
Criminal Procedure Code, 1973, Section 145 -- Order u/s 145 Cr.P.C - Provision of S.145(1) Cr.P.C mandates that Magistrate shall make an order in writing, stating grounds of his satisfaction...........
Criminal Procedure Code, 1973, Section 145 -- Order u/s 145 Cr.P.C - Quashing of order - Magistrate on basis of presumption rejected claim of applicant that she is in possession over plot in dispute and has accepted objections filed by respondents - Neither Magistrate has called for any police report regarding spot inspection of plot in dispute nor has obtained other..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Object of questioning u/s 313 Cr.P.C, is not to build the case against accused from his answer and absence of answers...........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Atta chakki in a thickly populated area - Creating nuisance to general public - Mere fact that electricity connection for atta chakki was got released by petitioner in the year 2001 with consent of certain neighbours does not mean that all residents and general public in that area had condoned nuisance created..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 365, 120B -- Anticipatory bail - Offence u/ss 363, 365, 120-B IPC - There is some kind of matrimonial discord between petitioner and his wife - It is only after entire evidence is recorded that it may be found as to whether petitioner has indeed abducted complainant`s daughter or not - Since..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Bailable offence - Plea of anticipatory bail which is only in respect of no, bailable offences, is redundant and cannot be pressed into service in respect of bailable offences - Proper remedy for petitioners is to move competent Court concerned for bail as per S.436 Cr.P.C., which is for bailable offences...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against acquittal - Remand of case - Remand is not to be ordered as a matter of course - It is only if there is mis-trial or some technical issues have arisen that such an order may be made but in very rare circumstances...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - Complainant does not want to press charges levelled against accused - There is no possibility of accused being convicted in the case pending against him - No useful purpose..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of material PWs for cross-examination - Rape case - Prosecutrix had appeared in trial Court on four occasions - She cannot be repeatedly re-summoned for cross-examination - But on one occasion prosecution was responsible for second appearance of prosecutrix because of first date of her examination-in-chief, accused..........
