Habeas corpus petition – Judicial Custody – Not maintainable – petitioner is an accused in a criminal case and therefore he is in judicial custody by virtue of an order passed by the Judicial Magistrate –no illegal detention as alleged by the petitioner – Instead of applying for bail – came with this Habeas corpus petition … Continue reading
Sec.482 Quashing of summons issued and criminal proceedings – sec.192,200,201 and 202 Cr.P.C.-Accused out of jurisdiction does not contemplate any separate recording system of evidence before taking cognizance under sec.202 – Additional Chief Judicial Magistrate, after receiving complaint under sec.200 transferred the same to another magistrate who examined the complainant and witness and after taking cognizance issued summons … Continue reading
Sec.406 I.P.C.- Criminal breach of Trust – police reported the case as false – protest petition and it’s appeal were dismissed by lower courts – High court in revision set aside the lower courts order and remanded the case finding prima faice offence for next step allowing protest petition – Apex court confirmed the High … Continue reading
Retrial – the trial court acquitted the case after full trial on benefit of doubt without considering the medical evidence, and due to non speaking of evidence clearly , due to hostile witnesses and due to improvements- Appellant court set aside the acquittal and remanded the case for fresh trail on petition … Continue reading
Sec.138 ,139 and sec. 118 of N.I.Act – Burden of proof – when the complainant not able to say the date when the amount was given – when failed to produce source of income – when gave contradictory statement about filling of cheque whether by accused or by himself – when there is … Continue reading
When the Magistrate can add additional sections himself on the a petition of Complainant /informant after filing a charge sheet by police ? = If F.I.R. was registered on a private complaint – a Magistrate can add additional sections after filing charge sheet by police : If F.I.R. was registered directly by police through information, … Continue reading
F.I.R. to sub inspector that accidentally sari caught with fire of stove = Dying declaration recorded by Magistrate revealed that husband burnt her alive by pouring kerosin = Explanation by parents that F.I.R. statement was given at the instance of accused sister = Conviction is proper = ‘ PW-8 N. Victor Immanuel, at … Continue reading
SEC. 304 B , 306 AND 498 A I.P.C. – When wife stated that she committed suicide as she was fed up with the acts of husband with out disclosing the activities – it can not be considered as an offence under sec. 304 B as there is no allegation that soon before her committing suicide the … Continue reading
reported/published in http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Reserved AFR High Court of judicature at Allahabad, Lucknow Bench, Lucknow District- Lucknow Writ Petition No. – 4909 (M/S) of 2008 Rafiquddin son of Raisul Zama, resident of Village and post Vaishpur, P.S.-Mandhata, District Pratapgarh. ………………… Petitioner Vs. 1. Kishwar Jehan, daughter of Sri Habibur … Continue reading
Page 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 785 OF 2013 (Arising out of SLP (Crl. ) No. 294 of 2013) Moti Lal Songara …Appellant Versus Prem Prakash @ Pappu and Anr. …Respondents J U D G M E N T Dipak Misra, J. Leave granted. 2. … Continue reading