Criminal Procedure Code, 1973, Section 91 -- Production of documents - Income tax return called from complainant by way of present application - However, it was nowhere established that Income Tax return was ever filed - There is thus, no justification to issue such direction u/s 91 Cr.P.C. to produce Income Tax return - However, if accused wants to set up his defence by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 504, 506 -- Withdrawal of complaint - Warrant case - Not permissible - Magistrate can discharge accused u/s 245(1) Cr.P.C. if upon taking evidence referred to in S.244 Cr.P.C. finds that no case against accused is made out...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Recovery of 1.001 kgs charas - Commercial quantity - Involvement of petitioner in other similar offence - Though registration of earlier cases cannot be sole ground for rejecting bail application, however that can be taken into account to ascertain..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Recovery of 1.001 kgs charas - Commercial quantity - Petitioner arrested not only on the basis of statement of co-accused but there is also substantive evidence of call details regarding his involvement in offence - Main accused neither acquitted..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Settlement - Dispute between parties sorted out and they arrived at an agreement to settle all cases between them - Husband handed over a demand draft of Rs.1 lakh to wife in terms of agreement and also paid another sum of Rs.95,000 to wife - Settlement is taken on record and form part of..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - Offence u/s 120-B IPC - It is no part of duty of public servant to enter into criminal conspiracy or criminal misconduct - Sanction for prosecution thus, not necessary to prosecute a public servant for offence u/s 120-B IPC...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - Offence u/ss 13(1)(d), 13(2) of P.C. Act and S.120-B IPC - No sanction is required to prosecute a public servant who ceased to hold office when prosecution is for offences under P.C. Act - So far as..........
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67 -- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6..........
Criminal Procedure Code, 1973, Section 24 -- Public Prosecutor - It is duty of Prosecutor to aid Court and to apprise Court regarding actual location of incident - Prosecutor is not bound by police case itself - Prosecutor can well go beyond matters investigated by I.O. - If I.O. has failed to cite a witness, who ought to have been cited, law will stand in favour of..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court while allowing revision petition neither issued notice to petitioners nor petitioners arrayed as respondents by complainant - Court of Revision required to afford an opportunity of hearing to concerned party at time of upsetting order passed in favour of said party by Magistrate - Impugned order set aside..........
