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..........
Criminal Procedure Code, 1973, Section 482 -- Proceeding under Section 133 CrPC - Procedure under Section 138 not followed - Petition for quashing - Held there is no controversy that ordinarily an opportunity must be given to produce the evidence. But if at the appropriate time it is not claimed and the order is allowed to become final, then it cannot be termed that the..........
Criminal Procedure Code, 1973, Section 401 - - Prevention of Food Adulteration Act, 1954, Section 16 - Revision against conviction - Test for colour by paper Chromatography - Held that paper chromatography test is not sufficient to detect the presence of permitted coaltar dye. (Page 8)..........
Criminal Procedure Code, 1973, Section 222 -- Penal Code, 1860, Sections 302 and 306 - Appeal against conviction - Appellant convicted under Section 302 by Sessions Judge - High Court setting aside his above conviction and convicted him under Section 306 IPC - Held that Section 222 Cr.P.C. entitles a Court to convict a person of an offence which is minor in comparison to..........
Criminal Procedure Code, 1973, Section 482 -- read with Article 227 of the Constitution - FIR - Registration of - Where allegation of (the complaint prima facie disclosed the cognizable offence it is not permissible to inquire into the allegation by the police without registration of the case and the police duty bound to first register the case under Section 154 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Section 18 Criminal Procedure Code 1973 - Section 313 - Appeal against conviction - Affidavit - Link Evidence - Contents of two affidavits of Constables tendered by prosecution, not put to the accused, when examined under Section 313 of Criminal Procedure Code - Accused convicted and sentenced - Held that this..........
