Criminal Procedure Code, 1973, Section 321, Constitution of India, 1950, Article 226 -- Withdrawal from prosecution - Decision taken by State Government for withdrawal of case communicated to P.P., is open to judicial review, on same parameters as are prescribed for invoking authority of judicial review...........
Criminal Procedure Code, 1973, Section 321, Constitution of India, 1950, Article 226 -- Withdrawal from prosecution - State Government is free to act under parameters provided for to make scrutiny of criminal cases pending in subordinate courts to find out as to whether they deserve withdrawal u/S.321 Cr.P.C. or not as it is in realm of policy decision, and call on said..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17 -- Sanction for prosecution - Challenge on grounds as falsely implicated and non application of mind - Objection can be raised at threshold..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17 -- Sanction for prosecution - Distinction between lack of sanction and invalidity of sanction order - Prosecution is required to prove and..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 379, 411 -- Two FIRs - Same offence - Quashing of second FIR - Theft - Accused facing criminal proceedings with regard to theft of vehicle u/s 379 IPC - He cannot be tried in second FIR u/s 411 IPC with regard to same vehicle as it amounts to double jeopardy - Second FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 302, 148, 149 -- Bail - Two versions regarding occurrence - No specific injuries attributed to petitioner - Role of petitioner to be determined during trial - Challan presented - Bail allowed...........
Criminal Procedure Code, 1973, Section 173 -- Direction to police to present challan - Validity - Cancellation report by police - No Court has got jurisdiction to issue direction to investigating agency to present challan against accused, unless and until, patent malafide or violation of any statutory provision is established to satisfaction of Court...........
Criminal Procedure Code, 1973, Section 173, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Presiding Officer of Mega Lok Adalat taking into consideration cancellation report filed by police and accepted protest petition of complainant and directed police to present challan - Said approach is not permissible under law - Order passed by presiding..........
Criminal Procedure Code, 1973, Section 460, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2) -- Irregularities which do not vitiate proceedings - Cognizance of offence under SC/ST Act taken u/ss 190(a) or 190(b) Cr.P.C. by any other Court than the Special Court or Exclusive Special Court even after Amendment Act of 2016, shall not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Cheque issued by son - Perusal of record shows that in complaint, complainant is not stating any liability against accused who is son of `M' - Even there is no evidence on record to show that accused ever stood surety or given in..........
