Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
Criminal Procedure Code, 1973, Section 197, Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), Drugs and Cosmetics Rules, 1945, Rule 123 -- Sanction for prosecution - Offence u/ss 18(c), 27(b)(ii) of the Act - Sanction for prosecution prima facie appears to be suffering from vice of non-application of mind - There is no reference to any of documents, evidence or..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Adequate power is conferred upon Court to recall any witness at any stage of proceeding but with rider that such evidence must be essential to just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW19 for further cross-examination - Application filed after a gap of 15 years - However, during cross-examination of I.O by co-accused, accused had gone unrepresented, because of reason beyond his control - Even otherwise, questions put to witness on recall are absolutely material to defence of accused, as otherwise..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 8(C), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 0.9 gms MDMA - Intermediate quantity - Accused is involved in 14 crimes prior to present occurrence - Out of which 3 are u/s 27(b) of NDPS Act, but many of antecedents are pertaining to minor offences - However, taking into account..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife herself abandoned matrimonial home and from last 10 years she is residing separately - Husband is interested in continuing marital life with wife and therefore, filed a petition u/s 9 of the Act - Family Court rightly allowed application u/s 9 of Hindu Marriage Act filed by husband - Wife failed to..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Commission of any offence or leveling allegations of commission of offence is not sufficient to freeze the accounts of a person except as permissible under law - Freezing of accounts is not permissible for infinite period particularly when property is neither a suspected stolen property nor there is..........
Criminal Procedure Code, 1973, Section 457, 102 -- Release/de-freezing of bank account - Neither ingredients of S.102 Cr.P.C are existing to empower Police Officer to seize bank accounts of petitioner nor any nexus or link is pointed out, much less established by investigating agency between offence committed by accused and operation of bank accounts concerned - There is..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Accused seeking exemption from personal appearance - Rejection of application on the ground that accused has to undergo examination u/s 251 Cr.P.C. - The object of S.251 Cr.P.C. is only to the extent of apprising accused of particulars of offence and..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Lack of competence of previous counsel - Not a ground to reopen examination of complainant...........
