Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1)(d), 13(2) -- Anticipatory bail - Accused joined investigation for the last over three years - Arrest of accused not considered necessary at any point of time during this long period of investigation - Apprehension that accused may tamper with evidence being in..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Every application u/s 156(3) Cr.P.C. disclosing commission of a cognizable offence may not be directed for investigation by police - Magistrate has jurisdiction to treat the same as a complaint case but in exercise of such jurisdiction the Magistrate has to keep in view various factors, as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 3.100 kgs opium and Rs.44 lakhs in cash from the boot of car - Whether alleged recovery can be considered to be recovery from petitioner shall be debated during course of trial - Petitioner already suffered incarceration for over eleven..........
Criminal Procedure Code, 1973, Section 482 -- Two FIR's - There cannot be two FIR's on the same subject and in relation to same incident - Allowing such a course of action, would lead to an absolutely ambiguous situation - Registration of second FIR and continued investigation thereof amounts to sheer abuse of process of law - Second FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 452, 396, 323, 326, 212, 412, 201, 120B -- Bail - Offence u/ss 307, 452, 396, 323, 326, 212, 412, 201, 120-B IPC - Active role played by accused in commission of crime - Accused was instrumental in managing certain objects for commission of crime as per investigation - Considering gravity and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354 -- Quashing of FIR - Offence u/ss 498-A, 406, 354 IPC - Allegation against father-in-law and mother-in-law - Husband and wife living separately long back before FIR came to be lodged - Allegation of outraging modesty of complainant as against her father-in-law was not found..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Love affair between parties which continued unabatedly for almost 12 years - Accused and prosecutrix involved in a purely consensual relationship with each other for nearly a decade - Allegation against accused that prosecutrix was..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of 15.290 Kg poppy husk - Quantity of drug recovered was less than commercial quantity but is an intermediate quantity - Though accused is a habitual offender, but possibility of accused influencing investigation, tampering with evidence,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Love affair between parties - Prosecutrix has not only in her complaint but also in her statement recorded u/s 164 Cr.P.C repeatedly stated that accused had sexual intercourse with her against her consent - Mere fact that prosecutrix was quite friendly with accused for a long..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Defect in investigation by itself not a ground for acquittal...........