Criminal Procedure Code, 1973, Section 216 -- Framing of additional charge - Validity - Sessions Judge has framed additional charge on application of D.G.C. (Criminal) when this fact came to light in statement of prosecution for first time that accused had committed rape upon victim - Held, S.216 CrPC empowers Court to alter charge at any time before judgment is pronounced..........
Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Power of Magistrate - Whether Magistrate has power to take cognizance against a person at pre-charge stage against whom incriminating material is available on record although he has been cited as a witness by prosecution? - Held, yes, Magistrate is well within his powers to issue summon against such..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Petitioner is facing trial for the last 11 years - Respondents are least bothered to pursue the matter - It seems that respondents are not interested to led any evidence even before pre-charge stage - They only want to harass petitioner - Held, since the matter is listed on 19.04.2012 before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b),42,55 -- Recovery of Smack - Conviction - Appeal - PW4 who is informant as well as Officer-in-Charge of police station in cross-examination stated that seized articles were not with him and was deposited in Malkhana - Neither Malkhana Incharge has been examined nor Malkhana register has been produced -..........
Uttar Pradesh Awas Vikas Parishad Adhiniyam, 1966, Section 1 -- Uttar Pradesh Avas Evam Vikas Parishad (Appointment and Conditions of Service of Chief Engineer) Regulations,1990) Regns.8,11 - Chief Engineer - Appointment of - Supreme Court had passed an order of status quo relating to promotional posts in certain civil appeals and said order is still in force - Held, a..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 20 - - Possession of assets disproportionate to known sources of income - Framing of charge - Quashing of - Held, while exercising power u/s 482 Cr.P.C., scope of interference is very limited - High Court will not delve into the..........
Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Question as to whether petitioner is i, charge and responsible for the affairs of company - Held, it would be a matter of evidence - Said question cannot be decided by way of petition filed..........
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494 -- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Vicarious liability - It is necessary to specifically aver in a complaint u/s 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company - This averment is an essential requirement of Section..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Can only be on the basis of evidence adduced and not on the basis of materials available in the charge-sheet or the case diary, because such materials contained in the charge-sheet or the case diary do not constitute evidence...........
