Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Medical negligence - Prosecution of Government doctor cannot be allowed without procuring prior sanction u/s 197 Cr.P.C - In the absence of prosecution sanction, allowing proceedings to continue against petitioners for offence u/s 304-A IPC would be nothing short..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty to wife - Quashing of FIR - Petitioners are Jethani and Nanad of complainant - Complainant has given role to each of the petitioner when she was beaten up - No MLR nor any photographs showing injuries - There is tendency for roping all the relations in dowry case - Proceedings..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - There is no hard and fast rule that proceedings cannot be quashed after filing of challan or even after framing of charge - It all depends upon facts of each case...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court is not expected to be a silent spectator when it is made out that criminal proceedings are abuse of process of Court...........
Criminal Procedure Code, 1973, Section 179 -- Territorial jurisdiction - Offence u/ss 499, 500 IPC - Defamatory statement against complainant, eminent sports personality in press meet that all his achievements were purchased by paying money - Newspaper report against complainant read all over State of Assam - Even, newspaper which published the news having circulation at..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 499, 500 IPC - Defamatory statement against complainant, eminent sports personality in press meet that all his achievements were purchased by paying money - Newspaper report against complainant may result in defamation of complainant before readers - However, newspaper report does not name..........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance - Petitioner had at no time appeared in person before I.O/Economic Offences Wing (EWO) and sent response through an advocate - No reason as to why petitioner not appearing before EWO especially in terms of S.41-A Cr.P.C. - Petitioner directed to appear before I.O to join investigation...........
Criminal Procedure Code, 1973, Section 156, 173(6) -- Re-investigation or further investigation - Only allegation against I.O is that he did not investigate the case in accordance with law and did not give importance to statement of witnesses on record - No allegation of unfairness in investigation - In absence of any allegation of unfairness in investigation against I.O,..........
Criminal Procedure Code, 1973, Section 173(6) -- Further investigation - Magistrate has power to direct further investigation only after filing of police report in terms of S.173(6) Cr.P.C. - Magistrate has no power to direct re-investigation or fresh or de novo investigation which falls in domain of superior Courts that too in exceptional cases...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Merely because additional evidence is permitted to be recorded by trial Court it does not mean that opinion has been expressed by appellate Court, even impliedly, on admissibility and reliability of said additional evidence...........
