Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 376, 465, 467 -- Third bail application - Cheating and rape - Prosecutrix is 52 years old and accused is 45 years old - She married accused without seeking divorce from her previous husband - Factum of petitioner being already married is also in the knowledge of prosecutrix - Prosecutrix a..........
Criminal Procedure Code, 1973, Section 386(a), (b) -- Powers of appellate Court - Where appellate Court is not satisfied with impugned order passed by trial Court, it can deal with appeal in accordance with law - Remanding of case back to trial Court for deciding afresh is in contravention of provision of S.386 Cr.P.C...........
Criminal Procedure Code, 1973, Section 173 -- Two different theories involving two sets of accused - If first theory is believed to be true than accused involved in second theory get absolved and if second theory is believed then accused involved in first theory get absolved - Directions issued to Police in Gujarat State to see that henceforth no final report of any crime..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 457, 323 -- Quashing of order - Order taking cognizance - Offence u/ss 457, 323 IPC - Complainant lodged FIR not knowing person who committed the offence - However, in complete contradiction to this, he stated in his statement that he very well knew the petitioner - This contradiction itself makes..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Agreement to sell - Advance amount received by accused and he neither returned amount nor complied with terms and condition of agreement to sell - Breach of agreement between parties - It is purely civil dispute arising out of agreement to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 255, 256, 257, 258, 259, Prevention of Corruption Act, 1988, Section 7, 13(2) -- Bail - Cheating - Forgery - Allegation against accused are regarding forgery etc. and his stamp vending licence was cancelled by State - No other offence against petitioner - There is thus, no..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Application u/s 12 of the Act - Maintainability - Merely because order u/s 125 Cr.P.C. is passed, it cannot be said that application under PWDV Act is not maintainable, as PWDV Act itself provides a separate application for claiming residence and monetary reliefs..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Parity basis - Recovery of 2 kg 600 gms opium - Secret information - Police got clue from accused `T' who gave secret information - Role of accused `T' was confined to part of conspiracy whereby police..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Recovery of 2 kg 600 gms opium - Petitioners are main accused on whose behest entire conspiracy was allegedly hatched to falsely implicate accused `B' - Allegation against petitioners is that they..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Non-bailable warrants - Petitioner was released on regular bail on 24.04.2017 - However on 01.06.2017 he remained absent without any intimation to the trial Court and therefore trial Court forfeited his surety and issued no, bailable..........
