Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C does not lie if remedy of appeal is available...........
Criminal Procedure Code, 1973, Section 397, Limitation Act, 1963, Section 5 -- Revision - Maintainability - Order passed u/s 5 of limitation Act can be considered as a final order - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape - Prima facie or reasonable ground to believe that accused has committed offence of rape upon prosecutrix - Offence in question is grave by its nature - Prosecutrix during in her deposition before trial Court not..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Purpose of enquiry u/s 202 Cr.P.C is to determine as to whether allegations leveled in complaint are true so as to issue process against accused...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - After report u/s 202 Cr.P.C submitted by enquiry officer, trial Court can either dismiss complaint u/s 203 Cr.P.C or proceed ahead by issuing process against accused u/s 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Direction to conduct in-depth enquiry to other enquiry officer after report was submitted by earlier enquiry officer is not illegal, as earlier enquiry officer had not conducted enquiry with regard to certain allegations levelled in the complaint - Trial Court is well within its power to get..........
Criminal Procedure Code, 1973, Section 432, 433 -- Pre-mature release - Opinion of Presiding Judge u/s 432(2) Cr.P.C is not available - Sentence of accused was confirmed by High Court - However, there are overwhelming materials on record unerringly indicating towards remission of accused - Presently accused is aged about 73 years and 84 years respectively - No reason in..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized amount - Recovery of contraband and bag containing 6 lakhs - Question as to whether money recovered is drug money or not has to be established and determined upon conclusion of trial - Lying amount with prosecution agency is going to devalue the same - Amount directed to be released in favour of petitioner..........
Indian Penal Code, 1860, Section 53, Criminal Procedure Code, 1973, Section 433A -- Sentence - Fixed term sentence - Even in a case where Capital punishment is not imposed or is not proposed, Constitutional Courts can always exercise power of imposing a modified or fixed term sentence by directing that a life sentence as contemplated by "secondly" in S.53 IPC shall be of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Registration of other cases against accused cannot be taken to be as sole material consideration for the purpose of declining relief of bail...........
