Criminal Procedure Code, 1973, Section 82 -- Proclamation - Publication of proclamation was effected on 15.12.2018 - Mandatory period of 30 days had not elapsed on 21.12.2018 - Case was adjourned solely for the said reason to 18.1.2019 when order in question was issued - Order passed u/s 82(1) Cr.P.C is in violation of statutory procedure prescribed under Cr.P.C, as period..........
Criminal Procedure Code, 1973, Section 31 -- Sentence - Conviction for two or more offences - High Court in revision maintained the conviction but found that order as to sentences to run consecutively not correct and ordered the sentences to run concurrently - Direction issued by High Court is in consonance with provision of S.31 Cr.P.C. which confer full discretion to..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissal of application by Sessions Court - Appeal lies against such an order - Petition seeking anticipatory bail from High Court not maintainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Victim is employee, matured lady and working in Court and she would know consequences and legal remedies - Instead her keeping quiet for such a long time would make out a case for bail to petitioner - Petitioner is a first offender and one of relevant factors..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Perusal of order shows that on each date of hearing petitioner was represented by his counsel and on 18.11.2019, petitioner himself was appeared before trial Court - But non-appearance of petitioner or his..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW - Prosecution witness cannot be recalled merely because he gave a different statement in another case that too, after a period of seven years - It is not a case where a contradictory statement was given by some other witnesses in the present trial - Application rightly dismissed. (Judgment in Sudevanand Vs. State..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Posting an application for anticipatory bail after a couple of months cannot be appreciated - If the main application could not be disposed of for any reason, within stipulated time, relief sought for in interlocutory application shall be considered on its own merits - High Court requested to dispose of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 406, Supreme Court Rules, 2013, Order 39, Rule 1 -- Transfer of case filed u/s 12 of Act of 2005 - Transfer of proceedings at this stage may ultimately affect the parties and their pending litigations - Transfer petitions being bereft of merit, dismissed...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Rape - Specific role has been ascribed to both summoned accused by prosecutrix - Strong and cogent material on record before Court to prima facie form the opinion that summoned accused..........
Criminal Procedure Code, 1973, Section 228(1)(a) -- Offence u/ss 323, 325, 308 IPC - Plea for committal of case to Court of Magistrate on the ground that offence u/s 308 IPC is not made out - Whether offence u/s 308 IPC is committed or not and whether offence falls under first part or second part of S.308 IPC are matters to be decided during trial - At this stage it can..........
