Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 499, 500 -- Issuance of process - Defamation - Magistrate has passed detailed order recording prima facie satisfaction that allegations in the newspaper would fall within expression of defamation u/s 499 IPC - To determine whether imputations are sufficient to attract provisions of S.499 IPC, a..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Criminal Procedure Code, 1973, Section 156, 482 -- Investigation - Direction to investigate in printed or written form and questionnaire be handed over to accused - There is no warrant for High Court to direct that investigation of a person who has been interrogated as a suspect in the conspiracy should be in printed or written form - Similarly it is inappropriate for High..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Leave to appeal - Can be granted where view taken by Court while acquitting accused is clearly unreasonable...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail obtained by stating wrong facts in affidavit and suppressing of earlier rejection of bail application by High Court - Order cancelling bail upheld...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 44, 45 -- Bail - Money laundering - Specific role attributed to accused - Registration of present complaint is sequel to registration of FIR for predicate offence - No final report was filed for predicate offence for past nine years - Accused is a Chartered Accountant by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Quashing of proceedings - Offence u/ss 363, 366, 120-B IPC and Ss.16, 17 POCSO Act - Compromise - No good ground to quash proceedings in the instant case...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - It is not permissible for a person to straightaway approach Magistrate by filing a petition u/s 156(3) Cr.P.C - There has to be prior application u/ss 154(1), 154(3) Cr.P.C and such fact has to be stated clearly in the petition along with necessary documents supported by an affidavit...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Pre-condition of furnishing bank guarantee - Not sustainable - Set aside...........
Criminal Procedure Code, 1973, Section 439 -- Interim bail - Wife of accused is pregnant - Mere pregnancy is not a reason enough for grant of interim bail to petitioner, as said condition is not a medical condition for which hospitalization is needed for a significant length of time...........
