Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Court does not use police diary entries for purpose of contradicting police officer or if police officer does not use same for refreshing his memory, then question of accused getting any right to use entries even to that limited extent does not arise -..........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - There is no scope to enable Court, prosecution or accused to use police dairy for purpose of contradicting any witness other than police officer, who made it...........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Denial of right to accused to inspect case diary cannot be characterized as unreasonable or arbitrary - Confidentiality is always kept in matter of investigation and it is not desirable to make available police diary to accused on his demand...........
Criminal Procedure Code, 1973, Section 172, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Neither police officer has refreshed his memory with reference to entries in police diary nor has trial court used entries in diary for purpose of contradicting police officer, it is not open for accused to produce certain pages of police diary obtained by him..........
Criminal Procedure Code, 1973, Section 145 -- Proceeding u/s 145 Cr.P.C. - When revenue suit pertaining to land is pending before Revenue Court, proceedings cannot be continued u/s 145 Cr.P.C. - Even otherwise, petitioner is not in possession of property in dispute - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 145, 146 -- Attachment of property - Title of parties not clear - Three parties claiming title over it and attempting to take possession of disputed land - Courts below committed no error while attaching the property - No interference warranted - Petition for quashing attachment order dismissed...........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 145 -- Witness contradicted with his statement u/s 161 Cr.P.C. - No part of his testimony can be taken into account for determining the culpability of accused...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant for cross-examination - Accused already granted adequate opportunities to lead defence evidence subject to payment of costs and thereafter, three opportunities granted to accused to lead defence evidence but same was not done -..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Attachment of property - Attachment order was stayed by Revisional Court and was kept in abeyance for three years - Petitioners were in possession of disputed property and are reported to be residing therein - No untoward incident involving breach of peace occurred in the intervening period between..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Scope of inquiry u/s 145 Cr.P.C. is with respect to physical possession without reference to the merits or claim of any party to a right to possess the subject in dispute - Question of title is not to be determined by Magistrate in the proceedings u/s 145 Cr.P.C...........
