Criminal Procedure Code, 1973, Section 172, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Neither police officer has refreshed his memory with reference to entries in police diary nor has trial court used entries in diary for purpose of contradicting police officer, it is not open for accused to produce certain pages of police diary obtained by him..........
Criminal Procedure Code, 1973, Section 145 -- Proceeding u/s 145 Cr.P.C. - When revenue suit pertaining to land is pending before Revenue Court, proceedings cannot be continued u/s 145 Cr.P.C. - Even otherwise, petitioner is not in possession of property in dispute - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 145, 146 -- Attachment of property - Title of parties not clear - Three parties claiming title over it and attempting to take possession of disputed land - Courts below committed no error while attaching the property - No interference warranted - Petition for quashing attachment order dismissed...........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 145 -- Witness contradicted with his statement u/s 161 Cr.P.C. - No part of his testimony can be taken into account for determining the culpability of accused...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant for cross-examination - Accused already granted adequate opportunities to lead defence evidence subject to payment of costs and thereafter, three opportunities granted to accused to lead defence evidence but same was not done -..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Attachment of property - Attachment order was stayed by Revisional Court and was kept in abeyance for three years - Petitioners were in possession of disputed property and are reported to be residing therein - No untoward incident involving breach of peace occurred in the intervening period between..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Scope of inquiry u/s 145 Cr.P.C. is with respect to physical possession without reference to the merits or claim of any party to a right to possess the subject in dispute - Question of title is not to be determined by Magistrate in the proceedings u/s 145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145(1) -- Physical possession - Finding as to - Based on revenue record and police report - No finding given as to which of the party was in physical possession of the disputed property - Held, there is no legal infirmity in the impugned order passed by Additional Sessions Judge directing Magistrate to pass order afresh...........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Trial Court not satisfied regarding status of possession of parties - Civil suits filed by both the parties pending - Both the rival parties are desperate to take possession of land by any means as land is worth crores of rupees and this fact is enough to conclude that there is all possibility of breach of..........
Negotiable Instruments Act, 1881, Section 138, 143, 144, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Held, Magistrate can issue process to accused residing outside jurisdiction of Magistrate without holding an enquiry u/s 202 Cr.P.C...........
