Criminal Procedure Code, 1973, Section 397, 401 -- Revision against reversal of finding of acquittal - Practice and procedure - Revision petitions are required to be heard on merits - Since petitioner who were not on bail and were not surrendering before Court, it is proper to direct petitioners to surrender before Court below and furnish bail bonds...........
Criminal Procedure Code, 1973, Section 177, 178, 179 -- Jurisdiction of criminal Courts - Generally, offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it is committed - However, there is no absolute provision that offence committed beyond local jurisdiction cannot be investigated, inquired into or tried...........
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Territorial jurisdiction - Dowry demand - Wife was forced to leave her matrimonial home at `M' - Wife returned back to her parental home in `S' and filed complaint there - Since, consequence of offence which was committed at `M' occurred at `S',..........
Criminal Procedure Code, 1973, Section 28(3), 407, Indian Penal Code, 1860, Section 313, 326 -- Power of Session Court to pass sentence - As per S.28(3) Cr.P.C. Assistant Session Judge is not empowered to pass sentence of imprisonment for life or for imprisonment for term exceeding 10 years - However, in the instant case, petitioner is charge-sheeted for offence u/ss 313,..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 320, 34, 201 -- Framing of charges - Murder case - Reference to order of pre-arrest bail is of little consequence in the matter of framing of charges against petitioner on the basis of materials on record which give rise to a strong suspicion of commission of offence punishable u/ss 302, 34 IPC...........
Criminal Procedure Code, 1973, Section 304, Legal Services Authorities Act, 1987, Section 12 -- Right of legal aid - While pronouncing order of conviction and sentence, Judge should be saddled with corresponding duty to inform convict of his right to avail legal aid to prefer appeal against conviction if he is unable to do so with his own resources - Such duty of Court is..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Civil and criminal proceedings - Admission made in criminal proceedings u/s 145 Cr.P.C. - Would not operate as res judicata, as a judgment of criminal Court in summary proceedings is not binding upon civil Court - Even otherwise, Court exercising jurisdiction u/s 145 Cr.P.C. is not competent to decide questions which..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Not required for passing an order u/s 156(3) or for search warrant - However, it is required at the stage of taking cognizance of offence, when Magistrate applies his mind to legal proceedings and considers police report or material before it...........
