Showing : 321-330 of 13087 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376-- Quashing of proceedings - Rape - Accused marrying complainant - Grave and serious offences as one u/s 376 IPC cannot be subject matter of quashment of proceedings on the ground of settlement between accused and victim - However, exception to said approach could be in cases where accused has..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4-- Kidnapping and rape - Settlement - Accused marrying complainant - Quashing of proceedings - Dispute settled amicably - Victim has no grievance against accused - Proceedings quashed, as otherwise it will detrimentally affect the family life of victim and even balance harmony that could be achieved..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451-- Release of seized vehicle involved in NDPS case - No confiscation proceedings are pending qua vehicle in question and same is case property only - If vehicle remain parked in police station, same shall gather rust and shall not remain useful - Investigation is already completed - Vehicle in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354-- Delay in lodging FIR - Offence u/s 354 IPC - FIR lodged after more than four decades as from the date of incident - Admittedly, punishment for committing offence alleged against accused as in the year 1971 was a maximum of 2 years imprisonment - Further, as per S.468 Cr.P.C, no Court shall take..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Condition of producing registered surety - Petitioner is unable to produce a registered surety for reasons entirely beyond his control - He cannot be indefinitely kept in jail for inability to fulfill the condition of producing a registered surety - Magistrate directed to consider modifying..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Inherent powers - Ordinarily, defence of accused although appears to be plausible should not be taken into consideration for exercise of jurisdiction u/s 482 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 258-- Discharge - Merely because accused had absconded or that despite the initiation of coercive proceedings, his presence cannot be secured is no reason to invoke S.258 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Inherent powers - High Court shall not express its view on disputed questions of fact in a petition u/s 482 Cr.P.C. to come to a conclusion that offence is not made out...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 67, Criminal Procedure Code, 1973, Section 439-- Recovery of 35 kg ganja - Bail - Confession of co-accused - Investigation of case is complete and final report also filed - Only material available against accused is statement of co-accused and there is no other material - There is thus, reasonable grounds for believing that accused are not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 506-- Bail - Attempt to murder - Charges were framed on 5.11.2018 and now trial is pending for 9.7.2019 - Out of total 16 PWs, 8 material witnesses are yet to be examined and prosecution has moved an application u/s 319 Cr.P.C - Trial therefore, will certainly take a long time - Petitioner has already..........

Showing : 321-330 of 13087 Results