Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Final report filed within time - As investigation entrusted to CBI as such final report set aside - Held, once investigation agency files charge sheet within prescribed period, right of accused to get default bail ceases...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused is released on bail u/s 167(2) Cr.P.C, he cannot be re-arrested by cancelling bail, merely on filing of charge sheet...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within time - Charge sheet set aside as investigation entrusted to CBI - Order to entrust investigation to CBI passed by single Judge of High Court challenged and appeal there against pending before Division Bench - Held, non existence of charge sheet against accused during interregnum does..........
Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Prosecutrix herself assisted accused and his family in planning for accused's marriage and had gone along with him to purchase Sherwani and Pagri for his marriage - Besides, prosecutrix was duly invited in marriage ceremony of accused and she had made willful gesture of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Plea of purchase of property from defendant Nos.4 & 5 - However, in the accompanying affidavit particulars not given as to from whom proposed respondents purchased the suit schedule property and under which document - Application rightly rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 10,000 tablets of tramadol hydrochloride - Debatable question arises in the case as to whether petitioner was picked from his shop in the morning or as to whether he was arrested later in the day from a different place while in possession of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned only on basis of examination-in-chief of witness and need not wait for cross-examination etc...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised by Court against a person not named in FIR or no charge sheet is filed by police against him...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - In order to summon a person u/s 319 Cr.P.C, mere taking of name is not sufficient but there must be something more to show implication of person is sought to be summoned...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Statement of informant and victim shows that petitioner and co-accused were involved in commission of crime and they also participated in incident - Whether..........