Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Bail - Cheating - No averment from prosecution's side that there are chances of absconding or tampering with the witnesses or intimidation of victim or witnesses on the part of accused who is a lady - She is in jail since 12.10.2023 and till date charge has..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 462, 206, 217, 34, 37, 120B -- Quashing of FIR - Cheating - Nothing on record to show that appellant/bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that mens rea existed at the time of such inducement - Ingredients to..........
Criminal Procedure Code, 1973, Section 294 -- Documents - Defence repeatedly continued to admit the genuineness of prosecution documents - Documents can be read in evidence without formal proof...........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Assault - Shouting and threatening staff - This by itself does not amount to any assault - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere change of counsel not a ground to recall the witness...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Recalling of witnesses should not be permitted at the fag end of trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. casts higher degree of evidence against person who is sought to be impleaded as an accused than what is available at the time of investigation...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C. cannot be exercised at a pre-trial stage, as to bring in another accused - There must be some evidence and for some evidence the trial must commence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - To summon someone as an additional accused who has either been dropped from the charge sheet or never an accused at any point in time, requires evidence that is necessary for drawing up as an accused at the time of filing of charge sheet...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Manufacturing and storing of spurious liquor - Husband is already an accused - Wife cannot be made co-accused merely because wife was staying with husband, particularly when there is not even an allegation that wife had indulged in the activities of manufacturing and storing of spurious liquor..........
