Criminal Procedure Code, 1973, Section 401 -- Dowry Prohibition Act,1961 Sections 4 and 6 - Complainant proving that dowry articles were given to the accused at the time of her marriage and accused is in possession of those articles and when she demanded them back accused declined to return them - Held that Courts below have rightly held him guilty under Section 6 of the..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Punjab Excise Act, 1914, Section 61(1)(c) - Petitioner convicted and sentenced to rigorous imprisonment for one year with a fine of Rs.5000/- u/S 61(1)(c) of the Act - Probation - Plea for - Simply because the accused is aged 35 years or was facing this prosecution from 31.10.1984 or he is not a previous convict are..........
Criminal Procedure Code, 1973, Section 401 -- Opium Act, 1878 - Section 9 Conviction - Revision against - The contention that the accused is facing trial since 1982 - On this count his jail sentence be reduced to already undergone - Not accepted as accused was found in possession of opium weighing 1 Kg. - Conviction and sentenced maintained - Revision dismissed...........
Constitution of India, 1950, Article 226 -- Criminal Procedure Code, 1973, Section 482 - Cognizable offence - Non registration of case - The mere pendency of a Civil Suit is no ground for not registering a case with reference to a cognizable offence. The duty of police is to register the case and then act in accordance with law...........
Criminal Procedure Code, 1973, Section 401 - - Companies Act, 1956, Section 630(1)(b) - Revision against conviction - The petitioner ex-employee of respondent-company not vacating the quarters allotted by the company - Complaint under Section 630 of the Companies Act filed. Chief Judicial Magistrate imposing a fine of Rs.750/- to the accused/petitioner failing which he..........
Criminal Procedure Code, 1973, Section 482 -- Summoning orders - Petition for quashing - Complaint under sections 494/107 IPC - Held that instigation is a positive act There has to be some encouragement or incitement to do the act. The evidence on the record only indicates that petitioners participated in the marriage of `B' with the other persons. There is no overt act of..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Section 500 - Complaint - Summoning order - Petition for quashing - At the initial stage, the submissions which are facts in dispute cannot be looked into. The High Court will not embark on a detailed enquiry at the initial stage. The reason being that at the initial stage, the Court has simply to see if there..........
Criminal Procedure Code, 1973, Section 401 -- Opium Act - Section 9 - Conviction - Revision against - If no witness was available; there was no opportunity for the Investigating Officer to join any independent witness. The sworn testimony of police officials cannot be discarded on that ground alone unless there is some infirmity in their statements or they suffer from any..........
Criminal Procedure Code,1973 -- Sections 311 and 482 - Petition for quashing - Application under Section 311 CrPC filed by complainant for placing on record and proving certain document - Dismissed by order of Additional Chief Judicial Magistrate - Petition for quashing the said order - Held that the lacunas of the Criminal case cannot be allowed to be filled under the..........
Criminal Procedure Code, 1973, Section 482, 397 -- Proceedings under Section 133 CrPC - Petition for quashing-Inherent powers - Second revision - Held that it is true that sub section (3) of Section 397 CrPC will not govern Section 482 of the Code. Section 482 saves the inherent powers of the High Court. But the said inherent powers of the High Court have only to be..........
