Criminal Procedure Code, 1973, Section 482 -- Summoning order passed without application of mind on a printed format - Summoning order set aside...........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Investigation by Central Crime Branch (CCB) - CCB not declared as police station by State - Admittedly, final report filed by CCB which is an investigating agency is not in contemplation with provision of S.173(2) Cr.P.C - Trial Court ought not to have taken cognizance on report submitted by CCB - Order taking..........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - When final report is filed without there being any authority, it is not a final report u/s 173(2) Cr.P.C and Court cannot take cognizance u/s 190(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Investigation of case is complete and supplementary charge sheet is also filed - Accused in custody for over 2 years - Assets of accused are attached and his passport is stated to be with complainant company - No public money is involved in the case - Bail granted on terms and conditions to the satisfaction of trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 506, 34, Arms Act, 1959, Section 25, 54, 59 -- Bail - Murder - Plea of false implication and import of evidence of ballistic expert has to be debated during the course of trial - Petitioner a young man of 24 years is in custody from last 5 years with delay in his trial not attributed to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Application u/s 12 of Act of 2005 - Quashing of proceedings - An application u/s 482 Cr.P.C. does not lie to quash an application filed u/s 12 of Act of 2005...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Application u/s 12 of Act of 2005 - Quashing - A petition to quash an application u/s 12 Act of 2005 is maintainable only by way of a petition under Article 227 of the Constitution and not under S.482 Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Application u/s 12 Act of 2005 - Law as to - Enumerated...........
Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witnesses - Possibility of annoyance to witness sought to be examined, or to PW already examined is not a ground to refuse to summon that witness...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Adversarial system confer accused with indefeasible right to cross-examine PWs and let in defence evidence...........
