Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Allegation that accused/second wife burnt first wife and her two children in order to remove them from her marital life with A-2 - However, if she was responsible for such act, would not she have closed the door after coming out of house to ensure that deceased does not come out -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Convenience of one of parties - Not a ground for allowing his application...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case within a State - Language of Court - If a Court hearing a case possess jurisdiction to proceed with same, solely on the basis that one of parties of case is unable to follow language of Court, would not warrant exercise u/s 406 Cr.P.C, particularly when aid of translator is available in Court and petitioner..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of criminal case within a State - Grounds of overlapping points due to pendency of civil suits with those involved in criminal case pending in same court, would not justify transfer of case - Transfer application dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Medical ground - Petitioner sought transfer of two criminal cases from West Bengal to New Delhi - However, after examination of 32 witnesses, it will not be in the interest of justice to order transfer - Co-accused in first case cannot ask to travel Delhi and expect to defend case effectively - Transfer..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Cheating - Petitioner joined the investigation only once and thereafter on being called again he has failed to join investigation and absconded - NBWs were issued against petitioner - Petitioner has even issued three cheques to complainant in order to clear..........
Criminal Procedure Code, 1973, Section 82(4), Indian Penal Code, 1860, Section 406, 420, 120B -- Proclaimed Offender - Accused charged u/ss 406, 420, 120-B IPC cannot be declared as proclaimed offender u/s 82(4) Cr.P.C, as said offences do not fall within ambit of S.82(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 406(2) -- Transfer of a case - Party interested - State being a prosecuting agency in criminal administration, can be considered as a `party interested' within meaning of S.406(2) Cr.P.C - Petition filed u/s 406(2) Cr.P.C, at the instance of State is maintainable...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Case is at the stage of investigation - In absence of filing final report, no case is made out for transfer of case u/s 406 Cr.P.C...........
