Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Criminal Procedure Code, 1973, Section 302 -- Permission to aggrieved party to conduct prosecution - Permission not to be granted on mere asking - However, victim has a right to assist Court in a trial - Magistrate may consider as to whether victim is in a position to assist Court and as to whether trial does not involve such complexities which cannot be handled by the..........
Criminal Procedure Code, 1973, Section 218, Indian Penal Code, 1860, Section 149, 141 -- Non-framing of charge u/s 141 IPC - Charge framed u/s 149 IPC - Actions of an unlawful assembly and punishment thereafter are set out in subsequent provisions after S.141 IPC and as long as those ingredients are met, S.149 IPC can be invoked - It cannot be said that any fatal flaw..........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording statement of eye witness - Murder case - Mere delay in recording statement of eye witness by I.O cannot ipso facto raise suspicion in the mind of Court about veracity of prosecution case, more particularly about veracity of eye witness...........
Criminal Procedure Code, 1973, Section 53 -- DNA test during investigation - Not permissible without carrying out substantial investigation - Moreso when in the investigation conducted no such material is brought on the basis of which it could be opined that conducting DNA test is necessary - Impugned order directing conducting of DNA test set aside...........
Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred on Magistrate by Supreme Court in exercise of jurisdiction..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Three conditions are to be fulfilled for interference u/s 482 Cr.P.C: (i) injustice which comes to light should be of a grave and not of a trivial character; (ii) it should be palpable and clear and not doubtful and; (iii) there should exist no other provision of law by which party aggrieved..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Court is only to be prima facie satisfied about existence of sufficient ground for proceeding against accused - For that limited purpose, Court can evaluate materials and documents on record, but it cannot appreciate the evidence to conclude whether materials produced are sufficient or not for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34 -- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and..........
