Law: Criminal Procedure Code (V of 1898)

Section: 241

(i)   Criminal Procedure Code (V of 1898)— ------ S*. 241-A& 265-C— Complaint—Institution of cases upon—Evi­ dence — Gist of—Filing of—Requirement of— Complaint itself normally stating nature and gist of evidence to be produced by com­ plainant, Held : No separate document incorporating gist of evidence to be (necessarily) submitted in court for supply to accused.[ P. 243] A (ii)   Criminal Procedare Code (V of 1898)— —Ss. 241-A A 265-C—Complaint—Institution of cases upon—Wit­nesses—List of—Failure to name witness—Effect of—Held : Court having full and complete power to examine any witness at any stage, proceedings not to be vitiated merely because of particular witness— (examined in court) not named in complaint. [P. 243] B    (Hi)   Criminal Procedure Code (V of 1898)— ----- _S. 561-A   Proceedings—Quasbment of—Enmity — Determination of—H*Id : Enmity being double edged weapon,   question  of cemp-lainant having falsely implicated accused for reason of enmity (being question of fact same) to be determined on basis of evidence. [Pp. 243 & 244]C  JUDGMENT The petitioner along with respondents No 2 to 5, is standing trial before on the Illrd Additional Sessions Judge. Hyderabad on charges of illegal confinement and dacoity in respect of the property of respondent complainant, Mohammad Iqbal. This prosecution started on 1-3-1979 on a direct complaint by respondent No, 1, process has been issued and the case is pending. It is stated by learned advocate that no witness has been examined so far. The petitioner and the co-accused had earlier filed an application foi quashment in this Court. This was registered as Cr. Misc. Application No. 522/80 By an order of my learned brother Mr. Justice Z. C. ViSiani dated 4-2-1982 this application for quashment was dismissed oa the ground that it was not pressed because the appiicaut wanted to avail of the alternate remady by way of an application u/s 265 K Cr. P. C. before the trial Court, u/s 265 (K.)…