Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeal is not likely to be heard before appellant undergoes the entire sentence, as there are huge pendency of old cases - Moreover, accused had undergone half of the sentence - Appellant is, entitled to relief of suspension of sentence and bail pending final disposal of..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of charge sheet - Victim categorically stated that she entered into marriage with applicant on her own choice and now she is enjoying her matrimonial life with applicant along with..........
Constitution of India, 1950, Article 136, 227, Criminal Procedure Code, 1973, Section 482 -- Adverse remarks - Expunging of - Adverse remarks recorded by High Court against Additional District and Sessions Judge - Personal criticism of judges or recording findings on the conduct of Judges in judgments must be avoided - High Court could not have used a judgment on the..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, trial Court cannot consider any documents which are not part of charge sheet...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Prayer for quashing of FIR cannot be rejected only on the ground that the same has not been challenged at the inception...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR/proceedings - At any stage of proceedings, an accused can adopt remedies either u/s 482 Cr.P.C. or Art.226 of Constitution for quashing FIR and proceedings started thereupon on the ground of abuse of process of law and any other available ground - Whether the challenge can be entertained or not is a matter of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - If an application u/s 319 Cr.P.C is made after cross-examination of witnesses, it will be unjust to ignore the same...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C cannot be exercised when there is no case made out against persons sought to be implicated...........
Indian Penal Code, 1860, Section 376(2)(n), 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegation that appellant had a forceful sexual relationship with prosecutrix - However, neither prosecutrix stopped meeting the appellant thereafter nor did she file a criminal complaint during said period - Relationship between parties was cordial and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape - Complainant lodged complaint almost eight years after alleged incident - She also posted post on facebook somewhere in 2018 making allegations against about 14 people, including appellant with regard to alleged sexual abuse - Complainant also did not go to..........
