Criminal Procedure Code, 1973, Section 173 -- Negative final report - No notice issued by Magistrate to complainant before accepting negative final report - Complainant was thus, not afforded any opportunity to file protest petition against negative final report - Order of Magistrate accepting negative final report is bad in law and thus, set aside - Matter remitted...........
Criminal Procedure Code, 1973, Section 386, 482 -- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence suo moto - Such power should be exercised sparingly and in exceptional circumstances and this power should not be exercised without issuing notice to accused - Notice not to be an illusory notice...........
Criminal Procedure Code, 1973, Section 386, 482 -- Appeal against conviction - Enhancement of sentence - Notice to accused - Notice given to accused during course of hearing - However, it is not clear whether such a notice was an oral notice or a notice in writing - Such a notice would not satisfy legal requirements - Any notice for enhancement must indicate why Court..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61 -- Anticipatory bail - Recovery of 1 quintal 60 Kgs poppy husk - Recovery effected from co-accused - Co-accused specifically named petitioner as person who supplied contraband to him - No evidence on record to show that petitioner has no connection with..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Refusal - Tendering of summons, its refusal and affixation of summon and copy of plaint on wall should be witnessed by persons who identified the respondent and his house and witnessed such procedure - Report of process server reveals that no attempt was made by..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Mere fact that accused changed his counsel who felt that some more questions ought to have been asked during cross-examination of witness would not justify recalling of witness...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Witness cannot be recalled merely on asking of accused, more particularly when Court finds that witness ought to be recalled had been cross-examined at length...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304(Part I), 325, 201, 34 -- Suspension of sentence during pendency of appeal - Offence u/ss 304(Part I), 325, 201, 34 IPC - Accused are in judicial custody for more than 5 years - Substantive sentence as awarded to accused is thus, suspended during pendency of appeal - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Appeal against acquittal - Additional evidence at appellate stage - Complainant sought to produce income tax return and order of conviction of accused in some other cases for dishonour of cheque - Additional evidence, if considered does not improve the case of..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Addition of new offences when accused is on bail - Where accused is bailed out under orders of Court and new offences are added including offences of serious nature, it is not necessary that in all cases earlier bail should be cancelled by Court before granting permission to arrest an accused on basis of new offences..........
