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..........
Criminal Procedure Code, 1973, Section 482 -- Criminal revision filed by the petitioners withdrawn with permission to the petitioners to file petition under section 482 if so advised - Petition filed under section 482 - Held if they wanted to challenge the order, they could have made a prayer in that very revision to treat it as a petition under section 482 Cr.P.C - To..........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Summoning order - Petition for quashing - Held while deciding petition under section 482 Cr.P.C, jurisdiction of the High Court should be exercised sparingly with due care and caution - Not to scuttle the prosecution at its inception - The High Court cannot appreciate the evidence and quash the order of cognizance..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Second bail application The petitioner Ex Director General Police - Arrested in connection with offence under section 120B read with Sections 302/201/34 - Bail application rejected by the High Court holding that the case against the petitioner is at the initial stage - Evidence is yet to be adduced - The possibility of..........
Criminal Procedure Code, 1973, Section 172, Indian Penal Code, 1860, Section 302, 34 -- Serious lapse on the part of I.O. in not observing the mandate of Section 172 Cr.P.C. but this lapse has not resulted in any prejudice to defence - Considering the testimony of eye witnesses which is consistent, the judgments of Courts below do not suffer on account of omission on the..........
Criminal Procedure Code, 1973, Section 452, 454 -- NDPS Act, 1985 - Section 15 - Disposal of property - Confiscation of tractor orders regarding - One `P' was convicted for an offence u/S.15 of NDPS - Sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.One lakh for keeping possession of 37Kg. of Poppy husk being carried in Tractor - Order passed..........
