Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While considering application u/s 438 Cr.P.C., it is not open to Court to conduct a critical analysis of materials on record or to conduct a roving enquiry into the matter...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - An order u/s 156(3) Cr.P.C. can be passed even in those cases which are exclusively triable by Court of Sessions...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - While exercising power u/s 156(3) Cr.P.C. Magistrate is under an obligation to apply its mind to the facts and circumstances of the case - Mere observation by Court that allegations prima facie disclose commission of offence is not sufficient...........
Criminal Procedure Code, 1973, Section 362 -- Judgment - Cr.P.C. confers absolute sanctity to judgment once it is pronounced - It does not conceive of any kind of alteration...........
Criminal Procedure Code, 1973, Section 353, 354 -- Judgment on acquittal - Not available on record - Declaration of result cannot tantamount to a judgment received in Cr.P.C. - Trial in such case treated to be pending...........
Criminal Procedure Code, 1973, Section 353, 354 -- Pronouncement of judgment in open Court - Meaning - Trial judge may not read operative part of judgment but it does not in any way suggest that result of case would be announced and judgment would not be available on record - Non-availability of judgment, can never be a judgment, as without pronouncement of a judgment in..........
Criminal Procedure Code, 1973, Section 353, 354, Constitution of India, 1950, Article 227 -- Judgment of acquittal - Not available on record - High Court rightly quashed the judgment of acquittal, as mere declaration of result without judgment should be nullified and become extinct - Transfer of case by High Court from Second additional sessions judge to Court of District..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of cheques - Joint trial - Dishonour of each cheque constitutes a separate offence giving rise to a separate cause of action - However, Ss.219, 223 Cr.P.C, are exceptions to general rule that there should be separate charge and separate trial for each distinct..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of cheque - Joint trial - Dishonour of seven cheques - Five complaints - Clubbing of complaints sought by accused after the right of cross-examine was closed - At this stage, it is evidence that application moved is not in expediency of a seedy trial but to further..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 341, 323, 294, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section (1)(x)(xi) -- Discharge u/s 354 IPC and S.3(1)(x)(xi) of 1989 Act - It is apparent from FIR that opposite party Nos.2 & 3 intentionally insulted and intimidated petitioner with intention to..........
