Attempt to Murder : To sustain conviction under Section 307, IPC, intention to kill should be clearly proved by circumstances like persistence of attacks on vital parts of body.

Bail : Refusal/Grant : Consideration, serious matter : To be balanced with interest of society at large vis-a-vis accused : Antecedent of person seeking bail one of prime considerations.

Bank Guarantee : Quashing of order directing release of bank guarantee executed in favour of petitioner by accused: Challenge against on ground that Courts below did not have any jurisdiction to decide question primarily fell within domain of Civil Courts : Bank Guarantee submitted for benefit of petitioner.

Breach of Trust by Custodians of Law within Premises of Police Station : Direct evidence about misappropriation not available, only circumstances can be analysed with care and caution.

Cognizance of Offence by Magistrate : Discharge of Accused : Powers of Magistrate : Before taking cognizance, if Magistrate thinks fit, he may postpone issue of process against accused and direct investigation to be made by Police Officer or by such other person as he thinks fit.

Compensation : Compensation for accusation without reasonable cause : Crime registered suo motu by 2nd respondent in his capacity as Sub-Inspector.

Criminal Intimidation : Words had more sound and fury than substance : It cannot be concluded applicants committed offence punishable under Section 506-II, IPC : Impugned order quashed.

Discharge of Accused : Obligation is cast on Magistrate, before framing charge, to hear accused as well as prosecution to satisfy himself whether charge against accused is groundless or not : Only after being satisfied, charge to be framed.

Discharge : Sanction for Prosecution : Respondent scored out words "SASUR" from petition and initialled cutting as deponent only talked about mother-in-law (SAAS) : Petitioner recorded statement in discharge of his official duties and scored out words "SASUR" in his official capacity and in discharge of his official duty : Even if act complained of mala fide act, same will remain act done in discharge of his official duty : Bar under Section 197, Cr.P.C. will be attracted: Impugned order of ASJ incorrect and set aside and petitioner discharged.

Dishonour of Cheque : Cheques returned with endorsement as "not a clearing member" : Offence under Section 138 not made out.

Dishonour of Cheque : Notice : Cheque amount not clear in notice : Notice imperfect and defective in law.

Dishonour of Cheque : Presumption : Writing/note produced by accused clearly indicated cheques were given by way of security.

Dishonour of Cheque : Quashing of Complaint : Premature Complaint: Complaint cannot be quashed on that ground : Cognizance of complaint by Magistrate cannot defeat claim of complainant.

Dishonour of Cheque : "Stop Payment" : Sufficient to summon petitioners : For examining complaint in petition under Section 482, Cr.P.C. this Court can only see whether allegations in complaint as substantiated in pre-summoning evidence sufficient to summon petitioners.

Dispensing personal appearance : Dishonour of Cheque : Dispensing personal appearance of accused and examination of accused : Exemption could be granted in appropriate cases.

Essential Commodities : Quashing of Criminal Proceedings : Concealment of foodgrains in unauthorised godowns : Seizure : Block Development Officer in question not authorised under E.C. Act to make search and seizure of articles.

Misappropriation by Police Officers : Compensation : Attachment of Salary: Seized medicines not available in Malkhana and no body's case that they can be traced or recovered : Misappropriation by concerned police officials : Proper to direct to determine cost of seized medicines illegally not released to petitioner.

Narcotic Drugs and Psychotropic Substances : Search : "Belief and Suspicion" are two different stages of mind and cannot be treated at par : Mere suspicion not enough to attract provisions of Section 50.

Obscenity : Sanction for Prosecution : It is no part of official duty to commit offences : An official is not expected to give abuses or threats : No sanction under Section 197, Cr.P.C. necessary.

Obscenity : To constitute offence under Section 294, IPC, words must be uttered in public place : Words uttered in close chamber of applicant No. 1 : Obscene words not uttered in or near public place.

Prosecution Evidence : Recalling of prosecution witness amounts to reopening of prosecution evidence.

Recalling of prosecution witness : Prosecution Evidence : Recalling of prosecution witness amounts to reopening of prosecution evidence: It cannot be deemed that prosecution evidence closed.

Revision : Inherent Powers: Where particular order expressly barred under Section 397(2) and cannot be subject matter of revision by High Court, to such case provision of Section 482 would not apply.

Revision : Interlocutory Order : Order framing charge is interlocutory order as it does not decide question of guilt or innocence of accused : It is not vulnerable in revision.

Sanction for Prosecution : Respondent scored out words "SASUR" from petition and initialled cutting as deponent only talked about mother-in-law (SAAS) : Petitioner recorded statement in discharge of his official duties and scored out words "SASUR" in his official capacity and in discharge of his official duty : Even if act complained of mala fide act, same will remain act done in discharge of his official duty : Bar under Section 197, Cr.P.C. will be attracted.

Sanction for Prosecution : Scope of Provision : To claim benefit accused must show reasonable connection between act complained of and discharge of official duty.

Set-Off : Set-off of period of detention in police and judicial custody during investigation, inquiry and trial : Permissible : Benefit of set-off under Section 428, Cr.P.C. available to applicant like other life convicts.

Superintending powers of High Court : Power under Art. 227 of Constitution not available to this Court when impugned order already challenged by petitioner before this Court as well as before Apex Court unsuccessfully.

Supervisory Jurisdiction : Writ Jurisdiction : Confined only to see whether inferior Court or Tribunal proceeded within parameters and not to correct error apparent on face of record.

Undertrials : Policy of Central Government concerning terminally ill undertrials, i.e. foreign nationals : Affidavit filed is relevant.

"Warrant Case" : Meaning : Offence punishable with imprisonment for term exceeding two years : Case to be treated as warrant case.

Abetment of Suicide : Cruelty : Dying declaration : Suicide by bride by sprinkling kerosene oil on herself, and setting herself on fire : 90% burns sustained : Doctor clearly certified as to mental condition of patient to make statement on docket : Deceased died two hours after making statement : Where language of dying declaration was of scribe but substance was of deceased, no infirmity can be attached to dying declaration on this count : Mere fact that dying declaration does not bear signature or thumb impression or no certificate of doctor that declarant is not in fit condition to make statement, does not provide ground to reject dying declaration.

Abetment of Suicide : Cruelty : Parties belonged to different castes : P.W. 6 was unwilling party to have marriage celebrated : On the contrary, burden is thrown and shifted to accused : This stand of prosecution cannot be believed : Version of prosecution highly doubtful : Ingredients of Section 306, I.P.C. not established : No relationship of wife and husband between A1 and deceased : Ingredients of Section 498-A, I.P.C. not established : Prosecution miserably failed to bring home guilt of accused : A1 and A2 entitled to acquittal.

Abetment of Suicide : Entering upon Defence : Cruelty, Dowry Demand : Defence of petitioner right from beginning that deceased committed suicide on account of her previous love affair, even prior to her marriage with accused No. 1 : Accused-petitioners made request for preferring application to examine certain witnesses : Request made by petitioners to issue summons to witnesses neither vexatious nor device to delay trial for defeating ends of justice : In absence of such circumstances, want of strict adherence to Section 233(3), Cr.P.C. by trial Judge resulted into manifest illegalities which can only be cured in revisional jurisdiction.

Abetment of Suicide : Mens rea : FIR discloses accused did not leave courtyard immediately after threatening and they were for about 10-15 minutes waiting for complainant to come out and do some overt act itself : Mens rea to commit offence not totally absent.

Adulteration : Adulteration in Chilli Powder : Defences available to vendor : Vendor shall not be deemed to have committed offence pertaining to sale of any adulterated or misbrand article if he proves he purchased article from duly licensed manufacturer.

Adulteration : Adulteration in ground-nut oil : Signature of accused No. 2 on postal acknowledgement as well as on Vakalatnama compared by Magistrate and he found those signatures do not tally with each other : There was no strict compliance of Section 13 of Act : Great prejudice caused to accused because his other part of sample to be forwarded to CFL lost : Magistrate justified in recording finding of acquittal against both accused : No interference in same warranted.

Alteration/Review of Judgment : Restriction imposed on power of Court : No Court, when it has signed its judgment or order finally disposing of case shall alter or review same except to correct clerical or arithmetical error : Said restitution to be understood in light of Antulay's judgment : Mere procedural restriction cannot annul power and duty of Court to prevent miscarriage of justice.

Anticipatory Bail : Cancellation, Summons to Produce Document or other Thing : Words "the person" used in Section 91 does not include accused and accused persons cannot be compelled to incriminate himself and cannot be asked to disclose or produce any document.

Anticipatory Bail : No allegation that there were statements contained in evidence recorded in case of co-accused which are against accused : Once co-accused has been acquitted and roles ascribed to petitioner and co-accused admittedly same, case for grant of anticipatory bail made out.

Attempt to Murder : Right of Private Defence : Appellant proved his case of right of self- defence of his body and body of M by preponderance of probabilities : Prosecution failed to prove its case beyond reasonable doubt : Conviction and sentence of appellant B set aside.

Bail : Dispute over right to cultivate land : Cross cases between petitioner and complainant party : Petitioners included two ladies : All of them received injuries at hands of complainant party : Some of petitioners are young bright students and in custody since 8.5.2005 : They are directed to be released on bail with conditions.

Bail : Practice and Procedure : Growing tendency amongst Sessions Judges of not giving any reasons while rejecting or granting bail : This is not healthy practice : Observations made by Supreme Court in this regard in Mansab Ali's case : Court expected to be mindful of these observations while passing orders on bail applications.

Bofors Contract : Cheating, Corruption, Bribery : Quashing of Charges : Kapoor, J. directed Magistrate to frame charge under Section 120B read with Section 420, IPC against Hinduja Brothers : Magistrate also framed substantive charge under Section 420, IPC against Hinduja Brothers : Requirements of Sections 76 and 78(6), Evidence Act, not fulfilled : Disputed photo copies do not qualify as certified copies for various reasons : No evidence to connect payments with Bofors contract or Hindujas were Indian agents, employed for this Contract : Status of Hindujas was of consultants and not of agents : Renumeration payable to Hindujas was for market expenses incurred by them and has nothing to do with securing of Bofors contract.

Bofors Contract : Cheating, Corruption, Bribery : Quashing of Charges : Documents received from Department of Justice : Private documents/public documents : They can be proved only under Section 78(6), Evidence Act : No authentication existing in respect of these documents and these documents can never be proved : C.B.I. failed to produce original documents : No case can be proceeded with in respect of Hinduja Brothers or Bofors Company : All proceedings quashed against Hinduja Brothers and they are discharged from case.

Cognizance of Offence : Investigation on Complaint : On receipt of final report under Section 173(2) from police referred under Section 156(3), Cr.P.C. for investigation on complaint, finding no offence made out, Magistrate has power on receipt of fresh complaint to club it along with final report of police and take cognizance of case under Section 202 and issue process under Section 204, Cr.P.C. : Second complaint can be entertained in exceptional circumstances : Even if Magistrate has accepted report, it will not prohibit Magistrate from taking cognizance of offence on complaint filed and satisfied on materials produced that cognizance of offence has to be taken : Challenge raised in revision petition can only be rejected.

Compounding of Offence : Wrongful restraint, Criminal intimidation : Offence under Section 341, IPC compoundable but under Section 506(ii), IPC non-compoundable : Parties settled matter among themselves : They are all Advocates from same Bar : No useful purpose will be served by keeping complaint on file of Court below : Complaint quashed.

Conviction or commitment on evidence partly recorded by one Magistrate and partly by another : Upon evidence recorded by predecessor Magistrate, successor Magistrate manning Court empowered to proceed from next stage of case and dispose of same.

Criminal Breach of Trust : Mischief by Fire, Disappearance of Evidence : Fluid state of evidence adduced by prosecution : No charge could be found substantiated against accused persons on conjectural approach : Appellants were exonerated in departmental proceedings : Mental distinction between 'may be' and 'must be' is long and divides vague conjectures from sure conclusions : Accusations against accused persons could not travel from range of suspicion to realm of certainty.

Criminal Breach of Trust : Quashing of Criminal Complaint : Criminal Conspiracy : Maintenance : Wife of complainant/respondent got married and did not require maintenance further : She wanted to obtain modified Court order to enable Reserve Bank to stop deduction of Rs. 3,000/- p.m. from salary of complainant : There is no order by High Court to Reserve Bank directing to stop payment : Reserve Bank was never party to whole dispute : Two accused persons, officers of Reserve Bank acting under order of High Court, could not be said to have committed offence under Section 406, IPC : They were caught in without there being any role on their part : These officers have nothing to do with marital discord between complainant and his wife : They have also nothing to do with liability of complainant to pay maintenance to his wife.

Criminal Conspiracy : Quashing of Order : Discharge : Cheating, Impersonation : No circumstantial or direct evidence showing meeting of minds between petitioner and Tak or between petitioner and two co-accused for commission of their offence : Meeting of mind if any is shown to have been for purpose of travelling together and nothing more.

Cruelty, Dowry Death : Neither parents-in-law nor Jeth, sister-in-law and brother-in-law of deceased ever lived with her and her husband : Revisional Court concluded prima facie no offence under Section 498-A, I.P.C. made out against persons against whom police after investigation did not submit charge-sheet making out case either for offence under Section 498-A, I.P.C. or any section of I.P.C. : No evidence available on record to effect that soon before death of deceased she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with dowry demand : Impugned order calls for no interference.

Dishonour of Cheque: Challenge against conviction and sentence : Joint petition of compromise filed by parties stating settlement of dispute and grievances : This Court permits parties to compound offence : Conviction and sentence of appellant set aside in view of compromise and he is acquitted of charge.

Dishonour of Cheque : Computation of Period of Limitation: Day from which such period to be reckoned shall be excluded : Similar provision made in Section 12(2), Limitation Act : Same principle incorporated in Section 9 of General Clauses Act.

Dishonour of Cheque : Notice contemplated under Section 138(b) to be given to accused by complainant is one given after dishonour of cheque and not before that : Notice issued earlier was before dishonour of cheques : Complaint lodged after second notice maintainable as per provisions of N.I. Act.

Dishonour of Cheque : Quashing of second complaint : Clubbing of complaints : Complainant and accused common in two cases : Both criminal complaint filed by respondent directed to be clubbed and entrusted to one Court of Judicial Magistrate.

Dishonour of Cheque : Territorial Jurisdiction : Scope of provisions of Sections 177, 178, Cr.P.C. : Accused persons who had issued cheques in favour of complainants reside at New Delhi area : Complainant and even cheques dishonoured in jurisdiction of New Delhi and only New Delhi Courts have jurisdiction to entertain such complaints and not Karkardooma Courts : Merely posting letter from Krishna Nagar, which falls in jurisdiction of Karkardooma Courts, could not give right to petitioner to file criminal case in that area.