Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Property which is sought to be returned will lose its value and ultimately it is of no use to any stake holder in keeping the property in custody of police - Court is satisfied that vehicle is liable to be returned to owner - Application allowed with conditions...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
Criminal Procedure Code, 1973, Section 357A -- Victim's compensation - Sexual assault on minor girl by her own father - Compensation awarded to victim can only be utilized by mother/informant and father being accused cannot be permitted to utilize the same...........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint on same allegations - Not barred when in first complaint there was no conviction, acquittal or discharge - If dismissal of complaint was not on merit, but on default of complainant, second complaint on same facts is maintainable - But if dismissal of complaint u/s 203 of the Code was on merits, the..........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint on same allegations - Mentioning of reasons for withdrawal of an earlier complaint is not a condition precedent for maintaining a second complaint...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of inherent power of High Court u/s 482 Cr.P.C. will depend on facts and circumstances of each case - It is neither proper nor permissible for Court to lay down any strait jacket formula for regulating inherent power of High Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Inherent power - Power u/s 482 Cr.P.C. can be exercised to prevent abuse of process of law, but only when allegations, even if true, does not constitute offence or are frivolous and vexatious on their face...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Where accused seeks quashing of FIR, invoking inherent jurisdiction of High Court, it is wholly impermissible for High Court to enter into factual arena to adjudge correctness of allegations in complaint...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Based on supplementary charge sheet - Accused who was discharged earlier can be summoned u/s 319 Cr.P.C on the basis of supplementary charge sheet, particularly when at earlier point of time supplementary charge sheet was ignored by trial Court while discharging accused that too when sufficient..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While deciding an application for discharge, Court can neither go into probable defence taken by accused nor documents produced by him - Court has to confine itself to papers or documents produced and relied on by prosecution...........
