Criminal Procedure Code, 1973, Section 482 -- Proceeding under Section 133 CrPC - Procedure under Section 138 not followed - Petition for quashing - Held there is no controversy that ordinarily an opportunity must be given to produce the evidence. But if at the appropriate time it is not claimed and the order is allowed to become final, then it cannot be termed that the..........
Criminal Procedure Code, 1973, Section 401 - - Prevention of Food Adulteration Act, 1954, Section 16 - Revision against conviction - Test for colour by paper Chromatography - Held that paper chromatography test is not sufficient to detect the presence of permitted coaltar dye. (Page 8)..........
Criminal Procedure Code, 1973, Section 222 -- Penal Code, 1860, Sections 302 and 306 - Appeal against conviction - Appellant convicted under Section 302 by Sessions Judge - High Court setting aside his above conviction and convicted him under Section 306 IPC - Held that Section 222 Cr.P.C. entitles a Court to convict a person of an offence which is minor in comparison to..........
Criminal Procedure Code, 1973, Section 482 -- read with Article 227 of the Constitution - FIR - Registration of - Where allegation of (the complaint prima facie disclosed the cognizable offence it is not permissible to inquire into the allegation by the police without registration of the case and the police duty bound to first register the case under Section 154 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Section 18 Criminal Procedure Code 1973 - Section 313 - Appeal against conviction - Affidavit - Link Evidence - Contents of two affidavits of Constables tendered by prosecution, not put to the accused, when examined under Section 313 of Criminal Procedure Code - Accused convicted and sentenced - Held that this..........
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..........
