Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Allegations of petitioner are not focused on any desirability or necessity of requiring the documents sought to be summoned - Petitioner is thus, not entitled to invoke S.91 Cr.P.C. at this stage - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 91, 311A -- Voice sample - Voice sample was sought not from accused during course of investigation but from witnesses, who during the course of examination had denied their voices - Magistrate has power to direct recording of voice samples, based on principles of ejusdem generis and also on principle that fundamental right to privacy..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Documents which are part of investigation but not part of charge sheet or final report cannot be summoned...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Prayer to call for a copy of newspaper from the publisher - Every original piece of daily newspaper is believed to be in possession of different subscribers including the accused who asserts that particular information was published in the particular newspaper..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - In appeal accused sought summoning of bank details to prove capacity of complainant to advance a huge amount and to get FSL of disputed cheque - Once accused admitted signature on disputed cheque then he cannot raise objection regarding handwriting on disputed..........
Criminal Procedure Code, 1973, Section 91 -- Bank account cannot be freezed on summons issued u/s 91 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Judicial Magistrate passed order holding that application filed just to delay proceedings - Held, what should be the nature of defense evidence sought to be produced is not a matter which should be left only to the discretion of the Court - It was for the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91, 311 -- Dishonour of cheque - An application filed by complainant u/s 311 Cr.P.C. was allowed and evidence of PW2 was recorded and bank statement was exhibited - Accused filed an application to call Bank Manager in his evidence to rebut the evidence given by complainant - Prayer of..........
Criminal Procedure Code, 1973, Section 311, 91 -- Summoning of witness - For purpose of producing decoding register - Decoding registers merely being additional documents required to be able to appreciate existing evidence in form of call details which are already on record - But use codes to signify location of accused, a crucial detail, which can be decoded only through..........
Criminal Procedure Code, 1973, Section 91, 311 -- Second application u/ss 91, 311 Cr.P.C - Earlier application on the same ground filed by petitioner had been dismissed by trial Court - Subsequent application for same purpose was thus, not maintainable - Second application rightly rejected...........
