Criminal Procedure Code, 1973, Section 215 -- Non-framing of charge u/s 376-A IPC - Accused was already charged u/s 302 IPC which is punishable with death or life imprisonment and was also charged u/ss 376(2)(i), 376(2)(m) IPC, which is also covered in S.376-A IPC - Non-mentioning of S.376-A IPC in charge would not be said to have misled accused, nor any failure of justice..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner is owner of vehicle - Vehicle involved in carrying liquor without any pass or permit - Concerned Magistrate to take immediate action for seeing that powers u/s 451 Cr.P.C. are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Exemption granted by Revisional Court that petitioners shall furnish bail bonds/surety bonds to the satisfaction of trial Court by putting in appearance before trial Court and on their furnishing undertaking to the effect..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court below while dismissing application neither discussed ingredients of O.6.R.17 CPC nor any reasoning has been assigned as to why prayer sought by plaintiff could not have been allowed - Duty cast upon Court while deciding application U.O.6.R.17 CPC is not discharged - Trial Court dismissed the..........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - It is not always necessary that complainant/informant is also a `victim', for even a stranger to the act of crime can be an informant - Similarly, a victim need not be complainant or informant of a felony...........
Criminal Procedure Code, 1973, Section 439, 2(wa) -- Bail - Victim is entitled to be heard at the stage of adjudication of bail application of an accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court while deciding an application for bail, should refrain from evaluating or undertaking a detailed assessment of evidence, as same is not relevant consideration at the threshold stage...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 147, 148, 149, 34, 120B, Arms Act, 1959, Section 25, 30, 3 -- Grant of bail - Matter remitted for fresh adjudication on account of factors like : (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by..........
Criminal Procedure Code, 1973, Section 340 -- False statement - False statement made in application u/s 45 of Evidence Act did not have any impact on outcome of said application - Not a fit case to proceed against respondents u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- False statement - If false statement affects the very nature of order passed by Court, then that can be one of circumstance where proceedings u/s 340 Cr.P.C. can be initiated...........
