Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property - Two year period mentioned in S.85(3) Cr.P.C has to be reckoned from date of attachment till date of arrest or appearance of accused and not with respect to date on which an application submitted u/s 85(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 85 -- Word `shall' engrafted in S.85(3) Cr.P.C makes provision mandatory casting a duty on Court to release property on subjective satisfaction of non-existence of willful absence and it shall be exercised on production of accused after his arrest or his appearance before Court...........
Criminal Procedure Code, 1973, Section 85(3), 482 -- Release of attached property - Denial - Case records were not traced without which an order passed dismissing application that too without knowing real impact of S.85 CrP.C - Accused was acquitted after order of attachment and he passed away later on - Issue whether accused appeared within two years and had shown..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Relaxation of condition to travel abroad for eight weeks - There will be invalidation of Green Card of appellant if he is not permitted to travel - Appellant has frequently travelled between US and India even after filing of complaint and FIR - Permission granted subject to his furnishing an undertaking to Supreme Court..........
Criminal Procedure Code, 1973, Section 53, 482 -- Non-bailable warrants - Petitioners were evading service despite having knowledge of issuance of summons - Non-bailable warrants were issued against them - Even after issuance of non-bailable warrants, petitioners instead of putting appearance before Court and praying for cancellation of said warrants, approached High Court..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of processes u/s 82 Cr.P.C - Merely because accused are absent, Court issued process u/s 82 Cr.P.C in a most mechanical manner without recording subjective satisfaction as to why it is necessary to issue proclamation - No material on record that Court has reasons to believe that petitioners have absconded or are..........
Criminal Procedure Code, 1973, Section 249 -- Complaint - Non-appearance of complainant - Acquittal due to absence of complainant in proceeding is sanctioned by S.249 Cr.P.C only when offences alleged against accused are either non-cognizable or compoundable - It is enough if either of these two conditions exists in a case...........
Criminal Procedure Code, 1973, Section 245(1) -- Warrant case - Discharge - S.245(1) Cr.P.C, does not contemplate discharge of accused on account of default of appearance of complainant but only postulates an adjudication on merits in presence of or with participation of complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 362 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - When Magistrate in a summons case, dismisses complaint and acquits accused due to absence of complainant on date of hearing, it becomes final and it cannot be restored in view of S.362..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant was contesting its case with due diligence and in fact trial was almost complete, as case was at final stage - Magistrate was not justified in dismissing complaint in default for..........
