Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Defence taken not irrelevant, illogical or fanciful - Complete non consideration thereof - In the given facts of a case, conviction may well stand vitiated...........
Criminal Procedure Code, 1973, Section 173 -- Second inquiry - Permissibility - Multiple inquiries deprecated and should not be resorted to - However, since in the present case matter was inquired into once, there is no absolute bar on getting the matter inquired into second time - Senior Superintendent of Police directed to look into matter and to ensure that a final..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - Single absence - Case transferred from place `M' to place `J' and again re-transferred from place `J' to place `M' - Magistrate instead of dismissing complaint in default should have adjourned the case at least..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354A, 109 -- Bail - Rape case - Prosecutrix had prior acquaintance with accused - Accused insisted prosecutrix to meet him - Though initially prosecutrix refused to come but fact remains that she of her own volition joined the company of petitioner - Prosecutrix kept mum throughout during her..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 3, 20 -- Maintenance - Even assuming that appellant is not the legally wedded wife and therefore not entitled to maintenance u/s 125 Cr.P.C. has efficacious remedy to seek maintenance under the provisions of Domestic Violence Act as victim i.e. estranged wife or..........
Prevention of Corruption Act, 1988, Section 13(1)(c)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 300 -- Offence u/ss 13(1)(c)(d)(e), 13(2) of P.C. Act - Double jeopardy - Accused discharged due to lack of proper sanction - Proper order of sanction for prosecution issued thereafter - Fresh/supplementary charge sheet filed - Principle of "double jeopardy" do not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 451 -- Offence u/ss 8, 21 of NDPS Act - Release of seized vehicle - Vehicle involved in NDPS case - Vehicle should not be permitted to remain parked in police station as same shall gather rust and shall not remain useful - Trial Court directed to release vehicle..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 149 -- Framing of charge - Unlawful assembly - Non recovery of weapon - Non-recovery of weapon of offence, has no effect on framing of charge as there is specific allegation and injuries caused to complainant party - Charges rightly, framed - Petition dismissed...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Appellate Court can refer to additional evidence only if same has been recorded as per S.391, Cr.P.C - Any material produced before Appellate Court to fill up gaps by either side cannot be considered by Appellate Court, more so, to reverse judgment of trial court...........
Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Prosecution for perjury be sanctioned by Courts only in those cases where perjury appears to be deliberate and it would be expedient in the interest of justice to punish delinquent and not merely because there is some inaccuracy in the statement...........
