Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(4) -- Dishonour of cheque - Dismissal of complaint - Since there was no sitting of Court for a long period and case was not taken up for hearing on particular date, complainant was not aware of direction given by Magistrate to take steps for issuing fresh summons to accused - Fit case..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 505, 270, 109 -- Bail - Offence u/ss 153-A, 505, 270, 109 IPC - Petitioner with an intention to promote disharmony, hatredness and hostile to humanity uploaded messages on facebook - They are likely to cause panic amongst people when entire world is undergoing a traumatic situation due to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 313, 493, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Section 3(2)(v) -- Bail - Rape - False promise of marriage - Victim being a major girl with sound mind - There seems to be no question of anyone being in a position to induce her into a physical..........
Criminal Procedure Code, 1973, Section 157(1) -- Delay in sending FIR to Magistrate - Mere delay in dispatching report u/s 157 Cr.P.C does not by itself invalidate an investigation - Delay coupled with other factors would definitely have a bearing on impartiality or otherwise of investigation...........
Criminal Procedure Code, 1973, Section 157 -- Procedure for investigation - It is incumbent upon officer to forthwith send a report when he has reason to suspect commission of cognizable offence - However, this report need not necessarily be FIR, which is recorded only when information relating to commission of cognizable offence is given orally or in writing to officer in..........
Criminal Procedure Code, 1973, Section 231, 311 -- Examination of I.O prior to examination of victim and eye witnesses - Would not cause any prejudice to accused, as contended by them, as it was for defence to have requested Court to defer cross-examination of I.O till examination of victim and eye witnesses was completed or to have requested for recall of I.O for purpose..........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 326, 341, 324 -- Delay in sending FIR to Magistrate - Offence u/ss 326, 341, 324 IPC - Delay in reaching FIR in Court has seriously impacted trustworthiness of investigation and consequently validity of trial - Contention of accused that I.O had utilized interregnum between incident and FIR..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused who was discharged previously and against whom proceedings are previously quashed and a person against whom cognizance was not taken previously can also be added as an accused u/s 319 Cr.P.C notwithstanding the said orders passed earlier - Similarly order passed by a committal Court..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Memo filed by de facto complainant before Committal Court in response to notice given to him by said Court that he has no objection for deletion of names of petitioners who are named in FIR at the time of filing charge sheet by police, cannot operate as a bar for Sessions Court being a trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Enquiry u/s 319 Cr.P.C is almost equal to enquiry to be made by Court while considering framing of charges against accused or discharge of accused to find out whether there is a prima facie case to presume that accused has committed said offence and whether there are sufficient grounds to..........
