Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Closure of defence evidence - Exemption from appearance granted and defence evidence closed as it was not produced - Held, once the Court granted exemption to the accused, an opportunity to lead defence evidence should have been granted - One opportunity to lead defence evidence given...........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 222 -- Conviction u/s 366 IPC - Validity - Trial Court while disbelieved allegation of rape held accused-appellants guilty for offence u/s.366 IPC for which charge was not framed - Held, it is true that S.222 Cr.P.C. entitles a Court to convict a person of an offence which is minor in comparison..........
Criminal Procedure Code, 1973, Section 457 -- Release of motor cycle seized in a case under NDPS Act - Seizure made by Excise Officer and not by Police Officer - `Police Officer' in S.457 Cr.P.C. includes an Excise Officer reporting such seizure to a criminal court in connection with the enquiry or trial of criminal case...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177, 184 -- Offence u/ss 498-A, 406 IPC - Jurisdiction - Dowry demand at Ahmedabad - Bride left the matrimonial home and came to reside at Jodhpur and staying there with her parents - FIR lodged at Jodhpur - Held, Court at Jodhpur has jurisdiction since it is a continuous offence...........
Criminal Procedure Code, 1973, Section 145 -- Mere pendency of civil suit does not deprive the jurisdiction of the Magistrate to take action u/s 145 Cr.P.C. - If during the pendency of civil suit Court has not passed interim order affecting the right of the parties or where application for injunction was rejected or such suit was at a very initial stage, if there is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Quashing of FIR - If there had been any iota of truth in the allegations of complainant, then the complainant would not have waited for a period of nearly one year and four months prior to launching the prosecution of accused - Prosecution launched with the object of wreaking..........
Criminal Procedure Code, 1973, Section 145, 146 -- The two provisions of Ss.145 and 146 has to be read conjointly - If after enquiry u/s 145 of the Code, Magistrate is of the opinion that none of the parties was in actual possession of the subject of dispute at the time of the order passed u/s 145(1) or is unable to decide which of the parties was in such possession, he..........
Criminal Procedure Code, 1973, Section 439 -- Bail - It is cardinal rule, while deciding bail, Court is not required to consider technical questions...........
Criminal Procedure Code, 1973, Section 437A -- Scope - The very object of the provision is to secure the presence of accused before the higher court in case an appeal is filed challenging his acquittal...........
Criminal Procedure Code, 1973, Section 437A -- Failure to execute bond in terms of S.437-A Cr.P.C. - Court cannot remand the accused for non compliance of the direction...........
