Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 25 injections of buprenorphine - FSL report does not show presence of any prohibited substance as the result of chemical examination - Even, quantity of prohibited substance comes less than the small quantity..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353 -- Anticipatory bail - Offence u/s 353 IPC - Main allegation is regarding petitioner pushing away Secretary and taking papers and perusing it etc. and that by itself does not disclose any serious offence as per S.354 IPC - Petitioner has made out a strong probable case that his custodial..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(x), Indian Penal Code, 1860, Section 498A, 323, 504, 506 -- Anticipatory bail - Offence u/s 3(1)(x) of SC/ST Act and Ss.498-A, 323, 504, 506 IPC - No sufficient material on record prima facie to arrive at conclusion that offence under..........
Indian Penal Code, 1860, Section 294(a), 294(b), 325, 506(II) -- Offence u/ss 294(a), 294(b), 325, 506(II) IPC - Non-recovery of stick and knife allegedly used by accused, by itself cannot be fatal to prosecution case, because recovery of material objects falls within domain of police investigation over which victims have no role to play...........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(va), Indian Penal Code, 1860, Section 323, 506 -- Bail - Offence u/ss 3(i)(r)(s), 3(2)(va) of SC/ST Act and Ss.323, 506 IPC - Allegation that accused being pardhan of Gram Panchayat and an elected representative has made caste..........
Indian Penal Code, 1860, Section 218 -- Accused acquitted - Prosecution of I.O. and witnesses - Prosecution failed to establish its case - Does not necessarily mean that investigator and witnesses ought to be proceeded against for the offence u/s 218 IPC when there is no material on the basis of which it could possibly be said that course of investigation was deliberately..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Permission from Court - It is not necessary for I.O to seek permission from Court to conduct further investigation...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Can be conducted even after commencement of trial of case...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Mere fact that further investigation is being conducted to cure some procedural or technical irregularities in charge sheet already filed before Court, cannot be a sufficient ground to issue a direction to I.O to drop such investigation...........
Indian Penal Code, 1860, Section 376, 499, 506(2), Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Serious allegations made in the complaint - High Court committed error by quashing the proceedings even before investigation is completed by investigating agency - Order quashing FIR set aside...........
