Criminal Procedure Code, 1973, Section 311 -- Framing of charge - At the stage of framing of the charge there would be hardly any justification to invoke the provisions of Section 311 of the Cr.P.C...........
Criminal Procedure Code, 1973, Section 184 -- Jurisdiction - Offence under section 498A IPC triable in one Court and offence under Section 406 IPC triable in either of the two Courts - In this case the allegation of conduct falling under Section 498A IPC also encompass the alleged denial to return `Stridhan' - Therefore, these cases could have been tried at the Court in..........
Criminal Procedure Code, 1973, Section 401 -- Charge under section 630(1)(b) of the Companies Act - Revision - Chief Judicial Magistrate allowed complainant - Respondent's application for issuance of warrant of arrest of petitioner as he failed to hand over the possession of the occupied property as per order of High Court - Petitioner in custody since 12.06.1997 - Held by..........
Criminal Procedure Code, 1973, Section 145, 482 -- Quashing of proceedings - Proceedings under Section 145 of Cr.P.C. adjourned sine die by SDM on 24.03.1995 - There was order of status quo regarding possession - For the same land between same parties SHO presented another Kalender on 09.04.1995 - The very same SDM passing order attaching land on 04.05.1995 - Held the..........
Criminal Procedure Code, 1973, Section 482 - - Complaint for punishment under section 16(1)(c) of the Prevention of Food Adulteration Act, 1954 - Petition for quashing - Criminal complaint filed on 06.09.1986 - Initially tried as warrant case - Then changed to summon case - Again to warrant procedure - Charged framed on 25.01.1996 - No evidence of the case proceeded..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings under Section 133 - Question regarding land belong to a party cannot be finally adjudicated - That would be a matter for the adjudication by the Civil Court - When bonafide claim is made that a portion of land belongs to respondent and there is prima facie proof, Magistrate would be justified in not taking action..........
Criminal Procedure Code, 1973, Section 482 -- Compensation - Prayer for independent probe preferably by CBI into the death in Police Custody - Alternative relief of compensation to the legal representative not made in petition - Held that the provisions of section 482, Cr.P.C, are extraordinary in its nature and do not curtail the powers of the Court, which can be..........
Criminal Procedure Code, 1973, Section 164, 438 - - Anticipatory Bail - FIR u/S.366/120B IPC - The petitioner hiding himself and abducted girl - Investigating officer unable to proceed with investigation - Petitioner placing on record of petition for anticipatory bail statement of the abducted girl recorded by the Additional Chief Judicial Magistrate on filing of..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Under Sections 448, 452, 506, 465 and 466 - Petition for quashing - The case still under investigation - The Court while exercising the inherent powers in no manner is in a position to divulge upon the merits of the case under the provisions of Section 482 and Scuttle the investigation...........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -Revision - Against conviction - Sentence - Alleged adulteration of food article pertained to deficiency of sugar - In no manner was it injurious to the health of human being - Accused going through ordeal of the litigation for the last seven years and was under..........
