Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Allegations made in complaint and other material on record suggested that goods belonging to complainant have been removed from demise premises - Even, goods which were source of foul smell were removed from premises but other..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Petitioner alleged that subject matter of FIR is also subject matter of arbitration proceedings in which compensation has been provided to respondent-3 for value of damaged goods - However, respondent-3 may have been granted..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - While entertaining a plea u/s 457 Cr.P.C., criminal Court is only supposed to examine as to which party is best entitled to get back possession - Ownership may be one aspect but another aspect would be entitlement of retaining the possession...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Special Court/Magistrate has power to release the vehicle in question for interim custody u/ss 451, 457 Cr.P.C and owner shall take defence and he shall prove that vehicle was used without his knowledge by person transporting the drugs...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 376D, 341, 323, 457, Protection of Children from Sexual Offences Act, 2012, Section 5(G)(L), 6 -- Bail - Kidnapping and rape - Accused is in custody since 2.11.2023 - He is not involved in any other case - Trial is likely to take its own considerable time - No useful purpose..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - For releasing the vehicle u/s 451 r/w S.457 Cr.P.C, ownership of vehicle is not relevant - It is only relevant when there is dispute regarding possession of ownership of goods or vehicle...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle was recovered from the possession of accused - Trial Court dismissed the application only on the ground that accused is not having any registered certificate in his name and vehicle is registered in the name of one `B' - However, for releasing the vehicle u/s 451 r/w s.457 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 420, 406, 409, 457, 380, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Summoning of additional accused - Offence u/ss 420, 406, 409, 457, 380 IPC and Ss.13(1)(d), 13(2) of P.C. Act - Prima facie evidence on record which make it a triable case against accused - All PWs have..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles/ornaments/currency notes - Articles/ornaments/currency notes have been seized only on the count that when personal search of petitioner was made before his arrest, he was wearing the same - Same has no direct or indirect nexus with alleged crime - No objection from taxation department or income..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized amount - Condition of furnishing bank guarantee - Petitioner is a victim of a cyber fraud - Investigating agency has not been able to find out the details of account holders till date - No fruitful purpose would be served by keeping the amount of Rs.2,57,000 on hold - Impugned order modified to the extent..........
