Criminal Procedure Code, 1973, Section 203, 210, 398, 401 -- Complaint under Sections 148/149/452/323/325/307/506 IPC - Complaint - Dismissed by Ld.Judicial Magistrate - Additional Session Judge without giving notice to the accused allowed revision - Plea of the petitioner that revision petition could not have allowed without giving notice to him - Held that the accused..........
Criminal Procedure Code, 1973, Section 360, 401 -- Penal Code, 1860, Section 382 - Conviction - Revision against - The petitioner arrested after four months of incident - Was found to be in possession of stolen property with the knowledge that same was stolen - Held that both the Courts below fell in error in appreciating the evidence available on the record and the..........
Constitution of India, 1950, Article 226 -- Maintainability of writ petition-Withdrawal of earlier civil suit (challenging impugned order) without any permission to pursue the matter through a writ petition-Plea of bar under Order 23 Rule 1 Civil Procedure Code-Not tenable-Petitioner not supposed to seek permission from Civil Court to file writ petition while withdrawing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Part payment made or that the cheque is for discharge of liability or debt - These are questions of fact which trial Court has to decide after recording evidence - No ground to quash the complaint under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Corruption Act, 1988, Section 13(1)(2)(c) - Quashing of FIR - Entire stress of respondent No.2 in her allegations was that her right in the property No.2616 consisting of three shops had been illegally sold at her back by lady Dr.Astar Dass in connivance with the petitioner No.1, who had purchased this property in..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 446, 498-A and 506 - FIR - Petition for quashing - No specific allegation that any item of dowry was entrusted to the petitioners at Samalkka and within the jurisdiction of the Court at Panipat - Similarly there is no specific allegation that there was any demand by the complainant made to the..........
Criminal Procedure Code, 1973, Section 401 -- Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8 - Possession of Diazepam - Trial Court discharging respondent - Since there was no specific prohibition under the Narcotic Drugs and Psychotropic Substances Act and the Rules, the possession of diazepam held would not be an offence. The trial Court held to have..........
Constitution of India, 1950, Article 227 -- Criminal Procedure Code, 1973, Section 482 -Insecticide Act, 1968 Sections 3(k)(1), 17, 18, 29 and 33 - Insecticide Rules, 1971 - Rule 27(5) - Complaint - Quashing & Sample of Insecticide drawn on 15.02.1994 the expiry date of which was December, 1994 - Sample failed - Petitioner submitting detailed reply dated 26.04.1994 -..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 24 - Sample - Once the accused is deprived of his right of getting the sample analyzed in accordance with the provisions of the Act, such default shall prove fatal to the case of the complainant...........
Constitution of India, 1950, Article 226227 -- Criminal Procedure Code, 1973 Section 482 - Remission - Benefit of remission in sentence refused on the ground that the petitioner surrendered himself before the Court late by one month and six days - Held that since no notice was issued to the petitioner and he himself surrendered in the Court and was sent to jail, as such,..........
