Criminal Procedure Code, 1973, Section 162 -- Contents of statements of PWs not examined at the trial and dropped by the prosecution as having won over by the accused - Cannot be brought on record through the Investigating Officer - The same is hit by the provisions of section 162 of the Code...........
Punjab Courts Act, 1918, Section 41 -- Second appeal - Plea that plaintiff not ready and willing to perform his part of contract - Question of fact - Cannot be raised in second appeal - Civil Procedure Code, Section 100...........
Criminal Procedure Code, 1973, Section 154(1) -- FIR - Registration of - If the allegations of a complaint disclose a cognizable offence and information regarding cognizable offence is just laid before the S.H.O. the S.H.O. is duty bound to register the case - The police at that stage cannot be assigned with judicial functions which will be gone through by the law courts..........
Criminal Procedure Code, 1973, Section 319, 482 -- Expunction of remarks - Petition for - Application by petitioner under section 319 as Assistant Public Prosecutor invoking the jurisdiction of the Court to summon `D' and `A' also for trial - Sessions Judge declined the application on the ground that application filed without seeking instructions from the District..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - FIR u/S.406, 494, 495, 496 and 498A IPC - Chargesheet filed in the Court - Held that in view of the legal bar imposed by section 198(1) Cr.P.C. the trial court cannot be permitted to proceed with the case with reference to the offences under Sections 494, 495 and 496 I.P.C. on the basis of F.I.R...........
Criminal Procedure Code, 1973, Section 468, 482 -- Petition for quashing - Limitation - FIR registered under section 7 read with section 10 of the Haryana Regulation of Urban Area Act on 29.12.1995 - Alleged sales on the ground of which FIR registered are between 11.06.1992 to 30.06.1992 - Held that the FIR registered on 27.12.1995 is beyond three years and in these..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 340 -- Dishonour of cheque - Accused producing receipt showing payment - Contention of complainant that receipt is forged - Enquiry by Court under Section 340 Cr.P.C. initiated - Proceedings under Section 138 cannot be stayed pending enquiry - Scope of both the proceedings is different...........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Articles 226/227 - Quashing - The High Court while exercising the inherent powers under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India is not competent to quash the proceedings where the investigation is complete and the challan has been filed..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Confession of - Not indefeasible right - This right on account of the default of prosecution when it did not file the challan within the statutory period of 60/90 days - This right comes to an end with the filing of challan - If the accused has got bail before the filing of the challan his bail can be cancelled only..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing of complaint - Of offence under Section 409 - During investigation complainants filing affidavit before police that they have received money and compromised the matter - Held that the police in cognizable no, compoundable offence are duty bound to conduct the investigation according to law and file the..........
