Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence u/ss 3, 4 of PMLA Act - Allegations against accused are of laundering a huge amount of money which has come in the investigation - Accused is a man of means and even if he is looking after his father, mother he can make an alternative arrangement and that cannot be a ground of S.205..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tables - ASI/PW3 is the complainant and he also conducted investigation - Entire investigation stands vitiated on this account - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 468, 469, 471, 194, 211, 218, 120B -- Bail - Offence u/ss 468, 469, 471, 194, 211, 218, 120-B - Charge sheet has been filed - Accused after being released on interim bail has not been called for investigation even on a single occasion - She has already surrendered her passport which shall continue..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - Refusal on the part of complainant to cooperate with investigation makes out strong case to suspect veracity of allegations - In such..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Petitioner was aged about 14 years 2 months and 6 days at the time of incident - No criminal antecedent of petitioner has been found in report of Probation Officer - Grant of bail to another juvenile in same case as well as grant of bail to co-accused who have been implicated..........
Criminal Procedure Code, 1973, Section 162 -- Statement u/s 162 Cr.P.C. made by a person to a police officer in the course of any investigation under Chapter XII Cr.P.C, which is reduced to writing, is not required to be signed by person making such statement...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 3(1)(xi) -- Offence u/ss 3(1)(x), 3(1)(xi) of the Act - Incident occurred inside the house of victim and there was no public witness to the incident - All the independent witnesses turned hostile - Even, scene of occurrence was not clearly established by investigation - Offence in..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of child/eye witnesses - Eye witnesses immediately disclosed the incident to PW6 who was also present at the spot - There is no exaggeration in the statements of eye witnesses and they have stuck to their statements made during investigation in material particulars - Statement of child witnesses have been..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
