Criminal Procedure Code, 1973, Section 311, 401 -- Reexamination - Of witnesses - Application for recall of prosecution witnesses - Prosecution evidence concluded on 13.05.1996 - Statement of the accused recorded on 27.05.1996 - Application for recalling of prosection witnesses submitted on 06.01.1997 - Application dismissed by trial court taking view the time gap and..........
Criminal Procedure Code, 1973, Section 313, 401 -- Opium Act, Section 9(1) - Revision - Non examination of the accused with regard to the link evidence under section 313 - Held not a mere technicality - It goes to the root of the case - Unless this link evidence is put to the accused under section 313 of the Code it cannot be used by the prosecution - Resultantly even the..........
Criminal Procedure Code, 1973, Section 162, 164 -- Homicidal death of deceased in office of PW4 - PW4 sent report to police through village servant - Report received by police only after investigation was taken up - Report would be a statement recorded under Section 162 - It could not be admitted in evidence - Failure of prosecution to produce this report - Not fatal...........
Criminal Procedure Code, 1973, Section 438 -- FIR under Section 363/366A/34 IPC - Petition for anticipatory bail - Allegedly kidnaped girl makes statement that she is legally wedded wife of the co-petitioner - Held that the subsequent events cannot be ignored by thus Court while dealing with these types of cases - From the statement of the alleged kidnaped girl that she is..........
Criminal Procedure Code, 1973, Section 4S2 -- Registration of case - Petitioner seeks direction for registration of offence on the basis of information given by him to the police - Held that in those cases in respect of which it can be said that the complainant could have very well adopted alternative efficacious remedy by filing a complaint in an appropriate Court, the..........
Criminal Procedure Code, 1973, Section 311 -- Framing of charge - At the stage of framing of the charge there would be hardly any justification to invoke the provisions of Section 311 of the Cr.P.C...........
Criminal Procedure Code, 1973, Section 184 -- Jurisdiction - Offence under section 498A IPC triable in one Court and offence under Section 406 IPC triable in either of the two Courts - In this case the allegation of conduct falling under Section 498A IPC also encompass the alleged denial to return `Stridhan' - Therefore, these cases could have been tried at the Court in..........
Criminal Procedure Code, 1973, Section 401 -- Charge under section 630(1)(b) of the Companies Act - Revision - Chief Judicial Magistrate allowed complainant - Respondent's application for issuance of warrant of arrest of petitioner as he failed to hand over the possession of the occupied property as per order of High Court - Petitioner in custody since 12.06.1997 - Held by..........
Criminal Procedure Code, 1973, Section 145, 482 -- Quashing of proceedings - Proceedings under Section 145 of Cr.P.C. adjourned sine die by SDM on 24.03.1995 - There was order of status quo regarding possession - For the same land between same parties SHO presented another Kalender on 09.04.1995 - The very same SDM passing order attaching land on 04.05.1995 - Held the..........
Criminal Procedure Code, 1973, Section 482 - - Complaint for punishment under section 16(1)(c) of the Prevention of Food Adulteration Act, 1954 - Petition for quashing - Criminal complaint filed on 06.09.1986 - Initially tried as warrant case - Then changed to summon case - Again to warrant procedure - Charged framed on 25.01.1996 - No evidence of the case proceeded..........
