Criminal Procedure Code, 1973, Section 473 -- Limitation - Magistrate after expiry of period of limitation cannot take cognizance especially in absence of explanation u/s 473 Cr.P.C...........
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 354, 506 -- Limitation - Offence u/ss 354, 506 IPC - FIR registered after 14 years of incident and 11 years after period of expiration of limitation - Neither delay is properly explained nor there are reasons by Magistrate for condoning the same in the interests of justice - Mere fact that..........
Criminal Procedure Code, 1973, Section 273 -- Recording of evidence of PWs in absence of accused - Prosecution examined its witnesses in absence of accused - Circumstances as provided in Ss.299, 317 Cr.P.C not available to accused - Court committed error in proceeding with PWs overlooking mandatory provision contained in S.273 Cr.P.C - Matter remanded back to trial Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. as dying declaration - In a statement u/s 161 Cr.P.C. signature of witness are not to be affixed as it will make such a statement inadmissible u/s 161 Cr.P.C. - In the instant case condition of injured was serious and his blood pressure was not recordable - Without..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 154 -- FIR as dying declaration - Scribe denied the question put in cross examination that signatures are not of the deceased - Deceased was a Govt. employee and his signatures would have been available in Government records - No effort made by prosecution to compare the signatures on FIR with the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29, 27(B)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of tablets, capsules and cough syrups containing narcotic substance - Recovery effected from possession of co-accused - Police during investigation recovered two slips/receipts one of them was written by..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, Court has to consider prima facie evidence available on record about commission of offence for which accused is to be charged and not to evaluate merits of evidence with regard to it sufficiency to convict accused - Appreciation of evidence on merit is to be done by Court on..........
Criminal Procedure Code, 1973, Section 216, 217, Protection of Children from Sexual Offences Act, 2012, Section 8, 11 -- Alteration/amendment of charge from S.11 to S.8 of POCSO Act - Specific allegations against accused on record that he had tried to remove prosecutrix from out of lawful custody and took her about 400 meters away from her house towards railway station -..........
Criminal Procedure Code, 1973, Section 438, 154, Indian Penal Code, 1860, Section 120B, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4, Constitution of India, 1950, Article 20(1) -- Anticipatory bail - Occurrence was of year 2007-2008 and FIR registered in year 2017 - Ss.120B, 420 IPC were include..........
