Showing : 671-680 of 12893 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 294, 34-- Quashing of FIR - Cheating - Criminal breach of trust - FIR of case prima facie discloses commission of cognizable offences by accused - It cannot be said that dispute in question is of purely civil in nature - Investigation of case is at initial stage - Court is thus, bound to allow investigation..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 439-- Second bail application - Recovery of 18 gunny bags of poppy straw - Search and seizure proceedings were conducted by Sub-Inspector, who was not SHO of concerned police station, in clear negation of S.42 of NDPS Act - Third option given u/s 50 of NDPS Act, which violates said provision - Small..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Gravity of offence - Not a decisive ground to deny bail - Competing factors are required to be balanced by Court while exercising its discretion...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Criminal Procedure Code, 1973, Section 439-- Recovery of 9.20 gms charas - Bail - Contraband recovered from conscious possession of co-accused, who is already enlarged on bail - Case registered against petitioner on the basis of statement made by co-accused - No direct evidence to suggest involvement of petitioner in crime - Quantity alleged..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheque whether issued by force or there was outstanding, which is lawful or not - This question of fact cannot be considered in a petition for quashing proceedings...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Recovery of 25 gms heroine - Recovery effected from co-accused - Nothing recovered from petitioner - Moreover, petitioner already joined investigation and he is not required for custodial interrogation - No useful purpose will be served by sending him to custody - Anticipatory..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 408, 420-- Quashing of FIR - Offence u/s 408, 420 IPC - Compromise arrived at between parties - Compromise is genuine and there was no undue influence or coercion from any side - FIR along with all consequential proceedings quashed qua petitioner only...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, 401, 227-- Revision - Charges framed u/ss 354, 354-A, 354-B, 341, 342, 376(2)(f), 376(2)(k) IPC - As per statement of victim u/ss 161, 164 Cr.P.C. she has interacted with her peers and friends disclosing her anguish at the conduct of applicant/accused both in respect of incident and apology tendered by..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 428-- Set off - Detention undergone by accused subsequent to date of conviction can only be a detention in execution of sentence awarded by Court pursuant to conviction - Said detention cannot be treated as detention for purpose of S.428 Cr.P.C. - Provision of S.428 Cr.P.C. is applicable only in respect..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 256(1)-- Non-appearance of complainant - Word `acquit' in S.256(1) Cr.P.C is of immense significance - Most important in S.256(1) Cr.P.C. is the mandate to Magistrate to acquit accused in case of no, appearance of complainant or death of complainant, unless for some reasons he thinks it proper to adjourn..........

Showing : 671-680 of 12893 Results