Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Compromise arrived at between parties - Proceedings are essentially of civil nature - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C can be exercised by Court even at the stage when case is posted for judgment, as Court at any stage of any inquiry, trial or other proceedings can exercise power u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Murder case - Neither prosecution nor defence has filed application u/s 311 Cr.P.C - Sessions Judge himself having noticed mistake suo motu exercised power u/s 311 Cr.P.C and issued summons to PW30 only for purpose of producing and marking DNA report - But subsequently though other witnesses were examined,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54 -- Bail - Attempt to murder - Once during trial injured person has failed to identify accused being one who has inflicted injuries upon him and trial is likely to take some time before same finishes, no useful purpose will be served by keeping..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 148, 149, 506, 120B -- Bail - Offence u/ss 307, 323, 324, 148, 149, 506, 120-B IPC - Accused kept on running away from law for a period of about 7 years after registration of FIR - However, accused remaining behind the bars for a period of 1-1/2 years after his arrest - PWs yet to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of additional witnesses by defence - Accused were granted last opportunity to produce their evidence in defence - Defence evidence closed later on - Even, thereafter, one effective opportunity was granted to accused subject to payment of costs -..........
Civil Procedure Code, 1908, Order 39, Rule 2A, 11 -- Violation of ad interim injunction order - Double jeopardy - Defendant contended that since action U.O.39.R.2-A CPC is already taken against him, taking further action U.O.39.R.11 CPC would amount to double jeopardy - Principle of double jeopardy would be applicable in service or criminal jurisprudence and would not be..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Counter complaint - In respect of the same incident having a different version of events - It is legally permissible...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complaint and material on record reveals that allegation against petitioner No.2 is made only on basis of suspicion - It is on the basis of suspicion and vague allegation that FIR is registered against petitioner No.2 - There are no specific allegations and overt acts attributable to petitioner No.2 in the FIR..........
Indian Penal Code, 1860, Section 309, Criminal Procedure Code, 1973, Section 468 -- Attempt to commit suicide - Order taking cognizance - Offence in question is punishable with a maximum imprisonment of one year - FIR was registered in the year 2013 and Court below has taken cognizance in the year 2016, without assigning any reason and thus, same is barred by law - Order..........
