Criminal Procedure Code, 1973, Section 397(3) -- Second revision petition - Not maintainable u/s 397(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 498A, 406 -- Discharge - Offence u/ss 498-A, 406 IPC - Magistrate has correctly appreciated the prosecution case as put forth in charge sheet and came to finding that case against respondents not made out - Judgment of revision Court endorsing the finding of Magistrate is also well within the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, Criminal Procedure Code, 1973, Section 438 -- Offence u/s 3(1)(w)(ii) of the Act - Anticipatory bail - When prima facie offences in question are not attracted, there is no question of bar u/s 18 of SC/ST Act - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(1)(va) -- Quashing of proceedings - Offence u/s 3(1)(v) & (va) of SC/ST Act - Private dispute between parties was going on with respect to illegal construction - No allegation in complaint that complainant is obstructed or interfered..........
Criminal Procedure Code, 1973, Section 433, 433A -- Premature release - For the purpose of considering actual imprisonment, the period of parole is to be excluded...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Juvenile - Application u/s 438 Cr.P.C filed by a child in conflict with law for grant of anticipatory bail is maintainable...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time for completion of investigation or extension of remand - Notice and opportunity of hearing not given to accused - Constitutional right of accused to have fair opportunity to defend was taken away - Legality or otherwise of order of extension of period would also be taken note of while..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Pendency of another criminal case and seriousness of the allegation cannot be a ground to not complete the investigation within the statutory time and violating the fundamental right of the accused nor it would be a ground to not give notice of the prayer for extension of time to the accused...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused exercised his right of indefeasible bail, it should have been decided forthwith whether investigation was complete or not and whether accused was entitled to bail or not...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
