Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Simply mentioning name or levelling vague allegations would not be sufficient to book any person u/s 319 Cr.P.C - Material brought on record must be scrutinized to some extent so as to make a firm opinion whether sufficient grounds are there or not to array a new person for joining the trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - FIR was lodged in the year 2017 - Trial had progressed to a great extent - Material witnesses have been examined - At this juncture, holding trial, booking a new person and then ordering de novo trial, would be nothing but doing so would be a travesty of justice - Order allowing application set..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - There is no promise of marriage to coerce consent from victim for sexual intercourse as forthcoming from the statements made by victim - Promise if any was after first physical intercourse and even later allegation was forceful intercourse without any..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compromise arrived inter se between parties can be accepted and offence u/s 138 of the Act can be ordered to be compounded even after conviction...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Parties have settled their dispute amicably - Entire disputed amount has been paid by petitioner to complainant - Complainant has no objection if offence is compounded - Offence compounded - Conviction and sentence set aside -..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the stage of framing charges only prima facie case is to be seen and recording of detailed reason is not necessary...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Charges against accused can be framed even if there is a strong suspicion, which leads Court to believe that there is a ground for presuming that accused has committed the offence...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the time of framing of charges, trial Court is not supposed to consider or weigh evidence with a view to evaluate whether there is sufficient ground for conviction of accused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of recovery of possession - It is specific case of plaintiff that after filing of suit criminal case was registered against her, she was arrested and in the meanwhile defendant illegally occupied the suit property -..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Mere irregularity and administrative lapses in official decision making particularly in day to day functioning of municipal bodies does not ipso facto attract rigors of criminal law - Offences in question are grave and require clear..........
