Indian Penal Code, 1860, Section 174A -- Non-appearance in response to a proclamation u/s 82 Cr.P.C - Period of 30 days is required to be afforded to accused to cause appearance after publication is affected, as mandated u/s 82 Cr.P.C - Since a period of only 1 day was afforded to accused for causing appearance after proclamation was effected, FIR registered u/s 174-A IPC..........
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..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Direction to deposit 30% of compensation awarded by trial Court as condition for suspension of sentence - As per the record rounding of amount under cheques involved in complaints, virtually,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder case - Eye witness to the incident not appearing in trial Court to give evidence despite repeated directions by Court - Injuries attributed to co-accused who is already enlarged on..........
