Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 327, 341 -- Quashing of proceedings - Parties compromised - Complainant does not wish to pursue criminal proceedings against petitioner - Since offence happens to be more of private nature rather than pubic one, hence, criminal proceedings u/ss 327, 341 IPC quashed...........
Indian Penal Code, 1860, Section 96 -- Right to private defense - No special pleading is required - Held, if from facts and circumstances of case accused is able to establish exercise of right of private defence he has to be conferred benefit of same...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Private complaint - Discharge of accused - Validity - Proceedings u/s.138 of NI Act initiated on private complaints - Magistrate stopped proceedings midway and discharged accused on basis of compromise entered between parties - Held, merely because..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Trial - On the day when trial Court passed order disposing of private complaints and discharging or releasing accused, case stood posted not for hearing or disposal - On contrary case stood posted for consideration of an application filed by petitioner..........
Criminal Procedure Code, 1973, Section 200, 468 -- Defamation - Private complaint - Cognizance of offence - Magistrate took cognizance on 20.10.2005 - Again took cognizance on 26.07.2008 - Held, it is well-established principle that Magistrate cannot take cognizance on a complaint on two occasions - Therefore, subsequent order dated 26.07.2008 taking cognizance of offence..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, Press and Registration of Books Act, 1867, Section 7 -- Defamation - Private complaint - Quashing of proceedings - Perusal of complaint reveals that petitioner No.1 is Editor whereas petitioner No.2 is Managing Editor - In complaint, respondent except stating that petitioner No.2 is..........
Indian Penal Code, 1860, Section 302, 307, 147, 148 -- Complainant party having fire arms and other weapons entered field of accused - Gave beating to them - Death of one from each side and mutual injuries to others - Right of private defence accrued to accused - Injuries on the person of accused not explained - Most of the prosecution witnesses turned hostile - Wife of..........
Indian Penal Code, 1860, Section 376(2)(g), 506 -- Gang rape of married women - Prosecutrix alleged to be raped by two persons one after the other - Statement of prosecutrix was made to police after a delay of more than 24 hours and no reason has come forth for the delay - Medical report shows that there was no injury on private parts or body - No semen was detected on..........
Criminal Procedure Code, 1973, Section 2(wa), 372 - - Victim - Held, victim referred to in Statement of Objects and Reasons is victim who is worst sufferers in a crime and do not have much role in Court proceedings and need to be given certain rights and compensation - He is none other than the victims who earlier stood remedy less in a case instituted on a police report -..........
Criminal Procedure Code, 1973, Section 372, 378, 190(a), 200, Negotiable Instruments Act, 1881, Section 138 -- Private complaint - Appeal against acquittal - Held, an appeal against acquittal of accused by complainant in a case instituted on a private complaint u/s.190(a) r/w S.200 Cr.P.C. will not lie u/s.372 Cr.P.C. before Sessions Court but lie before High Court with..........
