Criminal Procedure Code, 1973, Section 482 -- Six FIR's - Against six Co-operative societies - Overlapping allegations - One of the reason for overlapping may be that all were engaged in the same business - This fact by itself is not sufficient to quash five FIR's at the stage of investigation itself when their members are different, their area of operation is different,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431(1), 421(1) -- Dishonour of cheque - Recovery of unpaid compensation - Where accused already suffered default sentence for offence punishable u/s 138 of the Act and he has not paid compensation amount payable in terms of S.357(3) Cr.P.C., then the same is recoverable as fine in..........
Criminal Procedure Code, 1973, Section 54(3), 91 -- Medical examination of accused - Record to be preserved and copies thereof have to be sent to Ilaka Magistrate - Accused is entitled to copies of all records of medical examination conducted on his person while he was in police custody...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Roving inquiry is not required to be done at the time of framing of charge...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - In the instant case, petitioners supplied all sensitive information to contractor about internal meetings of committee of officers who laid down norms and terms of contract and..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Documentary evidence on record - No ground to avoid custodial interrogation and to grant anticipatory bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Murder - In crimes like murder, mere fact that accused was in custody for more than one year, may not be a relevant consideration for grant of bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Relevant considerations are : (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v)..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Once bail is granted on consideration of relevant materials, High Court would not normally interfere with such discretion, unless same suffers from serious infirmities or perversity - While considering correctness of the order granting bail, approach should be whether order granting bail to accused is..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Materials available on record prima facie indicating involvement of accused, possibility of accused tampering with witnesses and gravity of crime not kept in view while granting bail - As bail was granted on irrelevant considerations and same suffered from serious infirmity, High Court rightly set..........
