Criminal Procedure Code, 1973, Section 397, 401, 227 -- Revision - Charges framed u/ss 354, 354-A, 354-B, 341, 342, 376(2)(f), 376(2)(k) IPC - As per statement of victim u/ss 161, 164 Cr.P.C. she has interacted with her peers and friends disclosing her anguish at the conduct of applicant/accused both in respect of incident and apology tendered by accused - Therefore,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 408, 420 -- Quashing of FIR - Offence u/s 408, 420 IPC - Compromise arrived at between parties - Compromise is genuine and there was no undue influence or coercion from any side - FIR along with all consequential proceedings quashed qua petitioner only...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Anticipatory bail - Offence u/ss 326, 324, 323, 34 IPC - It is a case of version and cross version and it is to be determined by trial Court on basis of evidence as to who is aggressor party - No useful purpose will be served by sending the petitioner to custody - Bail..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Word `acquit' in S.256(1) Cr.P.C is of immense significance - Most important in S.256(1) Cr.P.C. is the mandate to Magistrate to acquit accused in case of no, appearance of complainant or death of complainant, unless for some reasons he thinks it proper to adjourn hearing of case...........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Acquittal of accused - If accused summoned by Trial Court at the stage of S.204 Cr.P.C. and complainant does not appear before Magistrate then, both in summons triable cases and in summarily trial cases, Magistrate has to acquit accused unless for some reasons he thinks it proper to adjourn..........
Criminal Procedure Code, 1973, Section 256(1), 401, 378 -- Non-appearance of complainant - Order of acquittal - Revision - Maintainability - If a complaint is dismissed prior to summoning of an accused, order may be challenged by way of filing a revision - But once S.256 Cr.P.C. comes into play dismissal of complaint has effect of acquittal of an accused and only an appeal..........
Criminal Procedure Code, 1973, Section 401, 378 -- Order of acquittal - Revision - Maintainability - S.401(4) Cr.P.C. prohibits maintainability of any revision in case of acquittal recorded in a case instituted upon a complaint as complainant has got a right to file special leave to appeal before High Court u/s 378(4) Cr.P.C...........
Criminal Procedure Code, 1973 -- Appeal against acquittal - Right of appeal - Victim/complainant can file an appeal against acquittal of accused before High Court after seeking leave as provided u/s 378(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 397(2), 482 -- Second revision petition - Barred u/s 397(2) Cr.P.C. - Petition u/s 482 Cr.P.C can be entertained only in exceptional and rare cases only if High Court is satisfied that continuation of trial would result in gross abuse of process of law thereby resulting in miscarriage of justice...........
Criminal Procedure Code, 1973, Section 228, 161 -- Framing of charges - At the time of framing of charges statements of witnesses u/s 161 Cr.P.C. and all other material collected during investigation has to be taken on its face value - Defence of accused and documents produced by accused not to be considered...........
