Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 420, 406, 417, 465, 467, 468, 471, 120B -- Direction for registration of FIR - FIR u/ss 379, 420, 406, 417, 465, 467, 468, 471, 120-B IPC - DDR for loss of document including signed cheques were registered in 2007 by husband of complainant - Whereas cheque in question was issued in 2009,..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Leave to appeal - Can be granted where it is shown that conclusions arrived at by trial Court are perverse or there is misapplication of law or any legal principle - High Court cannot entertain petition merely because another view is possible or that another view is more plausible...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 423, 464, 471, 447, 427, 120B -- Quashing of FIR - Agreement to sell - Not honoured - FIR used only as a mode to execute the agreement in question - On the face of it, FIR does not constitute the offence u/ss 120-B, 418, 420, 423, 464, 471, 447 & 427 IPC - FIR with all consequential..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 367 -- Cognizance of offence - As per FIR and statement of complainant, grievous hurt was caused at the time of kidnapping - Moreover, once prosecution has accepted that accused has committed offence of causing grievous hurt and kidnapping than ingredients of S.367 IPC are fulfilled - Order of..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against reversal of finding of acquittal - Practice and procedure - Revision petitions are required to be heard on merits - Since petitioner who were not on bail and were not surrendering before Court, it is proper to direct petitioners to surrender before Court below and furnish bail bonds...........
Criminal Procedure Code, 1973, Section 177, 178, 179 -- Jurisdiction of criminal Courts - Generally, offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it is committed - However, there is no absolute provision that offence committed beyond local jurisdiction cannot be investigated, inquired into or tried...........
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Territorial jurisdiction - Dowry demand - Wife was forced to leave her matrimonial home at `M' - Wife returned back to her parental home in `S' and filed complaint there - Since, consequence of offence which was committed at `M' occurred at `S',..........
Criminal Procedure Code, 1973, Section 28(3), 407, Indian Penal Code, 1860, Section 313, 326 -- Power of Session Court to pass sentence - As per S.28(3) Cr.P.C. Assistant Session Judge is not empowered to pass sentence of imprisonment for life or for imprisonment for term exceeding 10 years - However, in the instant case, petitioner is charge-sheeted for offence u/ss 313,..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 320, 34, 201 -- Framing of charges - Murder case - Reference to order of pre-arrest bail is of little consequence in the matter of framing of charges against petitioner on the basis of materials on record which give rise to a strong suspicion of commission of offence punishable u/ss 302, 34 IPC...........
Criminal Procedure Code, 1973, Section 304, Legal Services Authorities Act, 1987, Section 12 -- Right of legal aid - While pronouncing order of conviction and sentence, Judge should be saddled with corresponding duty to inform convict of his right to avail legal aid to prefer appeal against conviction if he is unable to do so with his own resources - Such duty of Court is..........
