Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - Prima Facie Case - Bar u/s 18 of the Act would apply only when a prima facie case is made out in a given FIR/complaint - If prima facie is not made out anticipatory bail to be granted - Held; (a) Prima facie is a Latin term that..........
Police has no power to resolve civil disputes -- Neither Cr.P.C/BNSS nor Police Act nor any other law governing powers and duties of police confers power upon police to adjudicate disputed question relating to title, possession, boundary, encroachment etc. - Police has no authority to act as a Civil Court to adjudicate civil dispute set out in the complaint - They are..........
Criminal Procedure Code, 1973, Section 156, 482 -- Defective investigation - Investigation is still at a very nascent stage, and petition appears to have been filed prematurely without awaiting its outcome - Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, aggrieved person can seek recourse by approaching a superior police officer..........
Criminal Procedure Code, 1973, Section 311 -- Recall of three PWs for re-examination - In the absence of witnesses making any complaint about threat or pressure not to tell the truth before Court, mere on basis of filing an application by prosecution, it was not justified on the part of trial Court to allow the application - Order allowing application held, set aside...........
Indian Penal Code, 1860, Section 420, 379, 406, 427 -- Cheating - Jurisdiction of Court - Rent agreement executed between parties - Accused handed over three undated signed blank cheques to complainant as security - Complaint does not mention that cheque was handed over before parties entered into an agreement - Complaint does not show that complainant was persuaded to..........
Criminal Procedure Code, 1973, Section 362 -- Review - Earlier revision petition was dismissed by High Court by confirming order dismissing application for discharge - Since first prayer in writ petition was for quashing of complaint itself, therefore, dismissing first prayer in writ petition on the ground of bar of S.362 Cr.P.C. is erroneous...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint cannot be transferred at the instance of accused - However, accused can always apply for grant of exemption from personal appearance to concerned Court - Transfer petition dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For the purpose of exercising its power u/s 482 Cr.P.C to quash criminal proceedings, High Court would have to proceed entirely on the basis of allegations made in the complaint or documents accompanying the same per se - High Court has no jurisdiction to examine the correctness or otherwise of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of complainant reiterating the contents of FIR/complaint not substantiated by any credible material cannot be a ground to invoke the discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Withdrawal of prosecution against company is a product of Court not a prayer of complainant - Complainant cannot suffer adversely for fault of a Court - Order of withdrawal of complaint qua Company set aside and trial Court directed to dispose of complaint within three months...........
