Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 34 -- Bail - Offence u/ss 306, 34 IPC - Petitioner has been in custody for past 5 months and no prosecution witness has been examined - Bail granted...........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 452, 323, 324, 148, 149 -- Dismissal of complaint - Offence u/ss 452, 323, 324, 148, 149 - Complainant alleged that petitioners trespassed in her house and caused her injuries - However, house found to be in ownership of petitioner - Even, no material on record which can substantiate cause of..........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - While passing summoning order, Court taking cognizance of offence is required to take into consideration as to whether a prima facie case has been made out or not...........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - Summoning power to be exercised by Court after examining nature of allegations made in complaint and the evidence both oral and documentary in support thereof...........
Criminal Procedure Code, 1973, Section 228 -- Framing of change - At the time of framing charges, Courts are not supposed to adjudge that evidence is sufficient enough for conviction - Mere element of prima facie case is sufficient to frame charges...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 323, 148, 149 -- Bail - Offence u/ss 307, 326, 323, 148, 149 IPC - Petitioner is in custody for over 6 years - Injury which is attributed to him is on non-vital part of the body of injured - As conclusion of trial is likely to take some time, bail held, granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 21.8 gms buprenorphine - Petitioner is in custody for over a year - Petitioner not involved in any other case under NDPS Act - Conclusion of trial is likely to take some time - Bail granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 384, 506 -- Quashing of FIR - Compromise - Rape - It is evident that complainant has solemnized marriage with petitioner no.1 - FIR itself shows that parties were in love with each other and it was subsequent on account of petitioner not having agreed for marriage that FIR came to be lodged -..........
Criminal Procedure Code, 1973, Section 439, 154 -- Bail - Multiple FIRs - Arising out of same subject matter at different places - Petitioner directly granted bail by Supreme Court in exercise of its writ jurisdiction under Art.32 of Constitution...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused not examined his daughter-in-law as a witness during course of arguments on application of suspension of sentence - Application u/s 391 Cr.P.C filed by accused to fill up lacuna in case - Accused was granted opportunity to lead his defence evidence by trial Court - He had not led..........
