Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the time of examining the prayer for quashing of criminal proceedings, Court exercising extra-ordinary jurisdiction can neither undertake to conduct a mini trial nor enter into appreciation of evidence of a particular case - Correctness or otherwise of allegations made in the complaint cannot be..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-3, A-4 and A-8 - Prima facie case made-out against mother-in-law, father-in-law and husband of complainant - Correctness or otherwise of the same is a matter which requires to be investigated - High Court erred in entering into..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Contraband - Plea of non-association of independent witness - PW-1/panch witness associated in the search and seizure proceedings was serving in the Income Tax Department thus, it cannot be said that said witness was a stock witness of the NCB or was an interested witness - He in his sworn..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of tainted notes from the floor - Admittedly, when the trap party entered, accused was holding the notes in his hands and on seeing trap party, he dropped the notes on the floor - Recovery of tainted currency notes from the floor has been clearly explained by prosecution - Since,..........
Indian Penal Code, 1860, Section 376, 34 -- Rape - Identification of appellants not challenged by defence - PW1 and PW2 though they are not eye witnesses but they corroborated the case as they have seen the accused persons running away from the house of victim - Doctor has not found any external or internal injury on the private part of victim and also not found any..........
Document -- Possession of a document by a party which is in the name of other party - Party which files a document must explain his possession in case otherwise in the normal course entitled to have possession of such document but which are in the name of other parties...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Summoning of accused - For summoning of an accused, prima facie case is to be made out on the basis of allegations in the complaint and pre-summoning evidence led by complainant...........
Criminal Procedure Code, 1973, Section 482 -- Advance notice of 15 days in case investigator proposes to arrest - Such an approach is not permissible - Accused if apprehends arrest he can always resort to S.438 Cr.P.C...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Plea of juvenility - S.9(2) Proviso of the Act enumerates that plea of juvenility may be raised before any Court and it shall be recognized at any stage, even after final disposal of the case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for cross-examination - Rape victim - Victim was examined prior to examination of medical officer who deposed as PW3 and question with regard to FSL report could not be put to victim which in fact seems necessary for a just decision of case - Prejudice would be caused to accused unless afforded an effective..........
