Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle - There is no reason to deny interim custody of vehicle to owner or person entitled to get possession of vehicle - If the vehicle is allowed to be kept in police station for an indefinite period then value of vehicle shall be..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 173, 197 -- Further investigation - Special Judge, while ordering further investigation, is not empowered to direct investigating agency to obtain sanction u/s 19 of the Act of 1988 to prosecute the accused...........
Criminal Procedure Code, 1973, Section 273 -- Cross examination of a witness - Can be denied only in exceptional circumstances where the other side is habitual in seeking adjournments for one reason or the other - In the instant case chief examination of witness was recorded and inspite of application being the first one for adjournment, opportunity of cross examination..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Court where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty, would have jurisdiction to entertain complaint alleging commission of offence u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Sending SMS to different girls for marriage proposal by husband prima facie disclose mental torture upon wife and thereby such mental torture can be well said to have taken place at the parental house where wife is residing - SDJM..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted subject to offered payment - Process of criminal law particularly in matters of grant of bail is not akin to money recovery proceedings - Anticipatory bail can be granted irrespective of any payment or any offer of payment - Order granting anticipatory bail affirmed but condition therein of payment..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complainant while appearing as PW1 attributed specific and categoric role to each of accused, which has to be appreciated and evaluated by trial Court and cannot be ignored and discarded at this stage - Accused thus, has some role to play in alleged offence - Accused rightly summoned...........
Criminal Procedure Code, 1973, Section 439 -- Successive bail application - Court can consider subsequent bail application when more details are given...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Bail - Murder - Eye witness when tried to prevent assaulting victim, he was also taken in car and in his presence only inflicted the injuries and committed the murder - In such circumstances, individual role of each of accused cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........