Criminal Procedure Code, 1973, Section 311 -- Recalling of PWs for further cross-examination - Rape case - PWs cross-examined in length and detail - They are thus, duly examined - Compromise was already in effect and in knowledge of accused - Recalling PWs already duly examined is nothing but an effort to delay the entire trial and to fill up lacuna which cannot be..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Even though there is some technical cliches regarding presentation of complaint in the sense that complaint has not been initiated by a Director of company acting on behalf of company but by an employee of company,..........
Criminal Procedure Code, 1973, Section 110(G), 111, 482 -- Notice u/ss 110(G), 111 Cr.P.C - Quashing of notice - Notice contains a bare recital that there is apprehension of commission of cognizable offence - Notice does not contain full substance of information given by concerned police officer - Magistrate has not acted judiciously while issuing impugned notices - Even,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - On basis of parity - Parity while granting bail must focus upon role of accused...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While dismissing anticipatory bail, Court can direct accused to surrender before I.O or jurisdictional Court within a specific period...........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(a), Indian Penal Code, 1860, Section 465, 468, 471, 120B -- Anticipatory bail - On basis of parity - Embezzlement of public money - Petitioner is mastermind behind entire operation conducted for embezzlement of money - He allegedly played a prominent role in the matter of..........
Criminal Procedure Code, 1973, Section 190(1), 173, 482 -- Cognizance of offence - Quashing of order taking cognizance - Summoning of accused by Magistrate on printed proforma without assigning any reason and taking cognizance on police report filed u/s 173 Cr.P.C is objectionable and deserves to be deprecated - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 307, 420, 323, 120B, 328, 354, 34 -- Discharge - Rape - Consenting party - At this stage it cannot be concluded that complainant was a consenting party as it has to be ascertained only after a full fledged trial - Moreover there are no material to come to a finding that accused truely..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7 -- Anticipatory bail - Offence u/s 120-B IPC and S.7 of P.C. Act - Charge sheet has been submitted - Cognizance of case also taken - Applicant not appeared before Court concerned - Process of bailable and non-bailable warrant were issued on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 482 -- Dishonour of cheque - Additional evidence - Accused was assigned to sell property belonging to complainants who sold their property belonging to complainants who sold their property and taken money from purchasers but not paid complainant - Cheques which were issued to..........
