Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of proceedings - Victim and accused used to chat on facebook and with passage of time developed love and intimacy and with consent of family members their marriage was settled - But appellant refused to marry victim before wedding and victim consumed some..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of charge sheet - Any defence of accused which has yet to be placed before Trial Court cannot be examined - Stage of placing defence version does not arise at sage of charge sheet - Petition dismissed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Non refuting satisfactorily from record the arguments raised by counsel for accused for grant of bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail application - Dismissal in default - Not permissible - In the event of non-appearance of prisoner's counsel, Court may appoint an amicus curiae to represent the prisoner and proceed with hearing of bail...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power of Court to recall any witness or witnesses already examined or to summon any witness can be invoked even if evidence in both sides is closed so long as Court retains seisin of criminal proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If evidence of any witness appears to Court to be essential for just decision of case, it is power of Court to summon and examine or recall and re-examine any such person...........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner is neither named in FIR nor informant who is an eye witness has named any one in his statement recorded u/s 161 Cr.P.C - He was implicated by injured in his statement recorded u/s 161 Cr.P.C after 21 days of incident - Petitioner was identified in CCTV footage and presence of..........
Criminal Procedure Code, 1973, Section 173, 156 -- Investigation - Constitutional Courts may order further investigation/re-investigation/de novo investigation even after charge sheet is filed and charges are framed...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Investigation of case conducted in perfunctory manner - There was no proper investigation by State investigating agency at the relevant time and even material evidences were also not collected - Mere filing of charge sheet and framing of charges cannot be an impediment in ordering further..........
