Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - If witness resiles from his statement given by him u/s 164 Cr.P.C in trial Court, witness can be cross-examined by person, who calls him and trial Court may permit for putting any question on his earlier statement, which might be put in cross-examination by adverse party in terms of S.154 of Evidence..........
Criminal Procedure Code, 1973, Section 164 -- Statement of PW16 u/s 164 Cr.P.C - Rape and murder of 13 years old girl - PW16 resiled from his statement made u/s 164 Cr.P.C while deposing before Court - Prosecution was permitted to cross-examine him - PW16 stated in his cross-examination that his statement u/s 164 Cr.P.C was given under threat and coercion - Prosecution did..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 346 -- Quashing of FIR - Kidnapping - Runaway marriage - Victim though minor performed marriage with accused with her own free will - Accused being husband is in relationship with victim and in terms of Ss.19, 21 of Guardian and Wards Act r/w Ss.6, 10, 13 of Hindu Minority and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 504, 506 -- Anticipatory bail - Offence u/ss 498-A, 323, 504, 506 IPC - Matrimonial dispute between parties - Keeping in view of second wave of corona virus and its further surge apprehended, accused shall be released on anticipatory bail till cognizance is taken by Court on police..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Ten eye witnesses categorically stated that accused came in motorbike and assaulted deceased with two weapons - Question of showing any sympathy to accused in respect of his family background is thus, not warranted - If accused is granted bail, there is every possibility of..........
Criminal Procedure Code, 1973, Section 144, 145 -- Imposition of prohibitory order - Writ jurisdiction - Nature of dispute between parties appeared to be title and possession - Accordingly parties were given liberty to take recourse before competent Court of law - Impugned order has lost its statutory force u/s 144(4) Cr.P.C - Moreover, Court u/art 226 of Constitution does..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85 -- Bail - Contraband - Accused is a habitual offender - FIR registered against accused while he was on bail in respect of another case registered under NDPS Act - Accused again indulged himself in similar activities violating provisions of NDPS Act - He has..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of PWDV Act - Not covered under the term `offence' - S.468 Cr.P.C. is not application to such an application...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70(2) -- Dishonour of cheque - Dismissal of complaint in default - Non-bailable warrant issued against accused to secure his presence - However, warrant was not at all executed, nor cancelled and same is in force - Therefore, question of taking further steps and dismissing complaint for..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Hearing of accused - At the stage of issuance of process accused cannot claim any right of hearing - Unless and until process is issued against accused, it cannot be said that accused has got a right of hearing...........
