Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Cognizance of offence - Complaint - Summoning order - Under sections 420/465/465/120B - Allegation that petitioners in conspiracy with each other and with other accused forged Will which was also produced in the court by the petitioners during the trial of civil suit - That document was not believed by the courts -..........
Criminal Procedure Code, 1973, Section 340 -- Application under section 340 can even be filed after the conclusion of the proceedings - There is no bar that such an application must be filed during the pendency of the proceedings...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Under Section 8, 9, 13 and 14 of the Prevention of Corruption Act, 1988 and the report under section 173 of Cr.P.C - Petition for quashing - Petitioners have already been exonerated on the departmental side - No chargeable evidence collected in the departmental inquiry - Still they are prosecuted under charges of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - Challan presented against the petitioners - Plea by state that the proceedings under section 482 Cr.P.C. cannot be allowed - Held this submission cannot be made universal rule - Ordinarily the High court should not invoke the provisions under Section 482 Cr.P.C. after the submission of the charge-sheet - However..........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Summoning order - Petition for quashing - Held due to strong animosity/rancour between husband and wife, the wife felt induced to name all the family members as accused in the complaint under section 406 IPC - Unmarried sister-in-law and unmarried brother-in-law who are students dragged in out of illwil - It would..........
Criminal Procedure Code, 1973, Section 401 -- Complaint under section 43, 44 read with section 47 of the Water (Prevention and control of Pollution) Act, 1974 - Discharge of the accused - Petition for revision - The case at the stage of framing of charge - A prima facie case at that stage had to be spelt out - The prosecution had to lead evidence after framing of charge -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Second revision - Dishonour of cheque - Revision against the charges under S.397(3) Cr.P.C. - Sessions Judge dismissed the revision - Second revision before High Court in exercise of inherent powers under Section 482 Cr.P.C. is not maintainable...........
Criminal Procedure Code, 1973, Section 433A -- Premature release - Instructions of Haryana Government dated 04.02.1993 - For consideration of cases of premature release of life convicts - Where physical handicap has developed after the sentence - Case for release to be considered after undergoing six years of sentence - Held that even though the instructions have been..........
Indian Penal Code, 1860, Section 302 -- Criminal Procedure Code, 1973, Section 378 - Appeal against conviction - Acquittal of the appellant by trial Court - Reversed by High Court - Conviction under Section 302 - Principles which would govern and regulate the hearing of appeal by the High Court against an order of acquittal passed by trial Court set out in unnumerable..........
Criminal Procedure Code, 1973, Section 389 -- Narcotic Drugs and Psychotropic Substances Act, 1985 Section - 32A - Sentence - Suspension of - Bail & Recovery of 20Kg. of poppy husk - Conviction and sentenced to 10 years RI and fine of Rs.One Lakh - Underwent sentence for more than two years - Plea for suspension of sentence on the ground that after the death of..........
