Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail by High Court - Grant of - Considering the nature and gravity of accusations, subsequent death of victim, completion of investigation and submission of charge sheet, petitioners are admitted to bail without expressing any view on merits on conditions of furnishing bond of Rs 25,000 each with one solvent surety..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Jurisdiction of a Court while considering bail is confined to assess whether accused should be released pending investigation or trial and to impose conditions to ensure fair investigation or trial and as such it does not extend to adjudicate in civil rights or directing recovery of alleged dues...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Granted with condition directing sale of immovable property of accused - Neither BNSS or Cr.P.C. enables a Court at the stage of bail or investigation to direct sale of immovable property belonging to accused for settlement of alleged claims...........
Criminal Procedure Code, 1973, Section 156(3) -- Nature and scope - While exercising jurisdiction u/s 156(3) Cr.P.C. Magistrate is required to merely peruse application and examine whether facts disclosed therein prima facie disclose necessary ingredients of cognizable offences requiring investigation by police and is not expected to undertake an exhaustive evaluation of..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Civil dispute and criminal process - Mere existence of a civil remedy does not by itself bar criminal proceedings where allegations prima facie disclose commission of a cognizable offence - Quashing order directing investigation on the ground that dispute appeared to be civil in nature..........
Criminal Procedure Code, 1973, Section 482, 156(3), Constitution of India, 1950, Article 226 -- Quashing at threshold - High Court while exercising its inherent jurisdiction must remain circumspect in interfering with an order u/s 156(3) Cr.P.C. and ought to intervene only where it is evident that order lacks any legal foundation, suffers from perversity or that the same..........
Criminal Procedure Code, 1973, Section 482 -- Investigation not to be scuttled - Criminal investigation ought not to be scuttled at the threshold except where complaint ex facie does not disclose commission of any cognizable offence or where continuation of proceedings would amount to an abuse of process of law - If facts are hazy and investigation has just begun,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 25, 29 -- Contraband - Quashing of proceedings - Substantial quantity of contraband (ganja) has been recovered - No categorical material on record at this stage to conclusively establish that recovery was pre-planned, foisted or fabricated - Plea of false implication constitute matters squarely falling..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Magistrate is vested with discretion to postpone issuance of process and either conduct an inquiry himself or direct an investigation for limited purpose of determining whether sufficient grounds exist to proceed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Expression "investigation" occurring in S.225 BNSS (S.202 Cr.P.C.) does not connote or import a full-fledged police investigation of nature contemplated upon registration of an FIR under provisions governing cognizable offences...........
