Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Documents though extraneous to prosecution case, if are in the nature of public documents or reliable without any further inquiry being conducted, can be relied on by Courts exercising jurisdiction u/s 482 Cr.P.C. to quash proceedings...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle/article/currency notes u/s 451 Cr.P.C - Cannot be restricted merely on account of fact that they were used for commission of any offence...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Property means any property regarding which an offence appears to have been committed or which appears to have been used for the commission an offence...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Owner of article should not suffer because of it remaining unused and police should not be required to keep article in safe custody - While giving custody of article, article should be released on proper security...........
Criminal Procedure Code, 1973, Section 91 -- Summoning to produce documents - Statements of petitioners are sought by way of application - Court below committed error in refusing to summon statements of petitioners as recorded by I.O only on the ground that part pertaining to forcible recording of statements was not corroborated by any kind of complaint being made by these..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
Criminal Procedure Code, 1973, Section 107, 111 -- Show cause notice u/s 111 Cr.P.C - Magistrate has to form an opinion in writing as contemplated by S.111 Cr.P.C and thereafter proceed to issue a show cause notice as contemplated by S.107 Cr.P.C and along with show cause notice annex the opinion - Purpose of law is that noticee is to be made known factual matrix..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Role ascribed to appellant in the FIR is that he came to the spot with a country made revolver - No evidence on record that appellant fired upon deceased - High Court summoned the appellant merely on the ground that power u/s 319 Cr.P.C is available even if person is not named in FIR or charge..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Grave and serious offences as one u/s 376 IPC cannot be subject matter of quashment of criminal proceedings on ground of settlement between accused and victim...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Marriage between accused and prosecutrix arranged by families on both sides when accused was 25 years of age and prosecutrix was 17 years old - However, they had entered into sexual relationship only after solemnization of marriage and..........
