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Showing posts with label Criminal. Show all posts
Showing posts with label Criminal. Show all posts

Sep 29, 2013

Sec 174A IPC - no complaint is necessary

Maneesh Goomer Vs State Hon'ble High Court of Delhi on 04.01.12 observed that 174A of IPC is a cognizable offence and other offence of this line are non-cognizable thus it can not be said that a complaint by court is necessary for all section including sec 174A IPC. Under this section police may registered FIR and file charge sheet without formal complaint by court. Main offence of sec 138 IPC is already compounded but same is not ground to quash present case u/s 174A and this is a distinctive offence. 

Aug 31, 2013

there is no substantial difference between an appeal against convictionand an appeal against acquittal

IN Kanhaiya Lal & Ors Hon'ble Supreme Court of India observed

“delayed FIR can usher in craftsmanship, manipulation and embellishment and may make the prosecution story vulnerable, but when the delay has been adequately explained, the same deserves acceptation and, accordingly, we do so.”

“In the case at hand, the witnesses have lost their father, husband and a relative. There is no earthly reason to categorise them as interested witnesses who would nurture an animus to see that the accused persons are convicted, though they are not involved in the crime. On the contrary, they would like that the real culprits are prosecuted and convicted”

“The preponderance of judicial opinion of this Court is that there is no substantial difference between an appeal against conviction and an appeal against acquittal except that while dealing with an appeal against acquittal, the Court keeps in view the position that the presumption of innocence in favour of the accused has been fortified by his acquittal."


Dec 14, 2011

K N Govindan Kutty Menon Vs C D Shaji

Hon'ble Supreme Court of India on 28.11.11- N I Act - Sec 138- compounding in Lok Adalat- may be enforced by Civil Court as decree even if refer by criminal court

Dec 12, 2011

Iqbal Singh Narang & Ors Vs Veeran Narang

Supreme Court of India on 03.12.11 -though the Rent Controller discharges quasi- judicial functions, he is not a Court, as understood in the conventional sense and he cannot, therefore, make a complaint under Section 340 Cr.P.C. Consequently, as held by the High Court, a complaint could be made by a private party in the proceedings.