Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Sworn affidavit of complainant is necessary in support of complaint - Complaint without sworn affidavit of complainant - Order referring complaint to police for investigation and subsequent registration of FIR set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Question as to non-compliance of mandatory provisions of NDPS Act and other lacunas in the investigation have direct bearing on the merits of case, which cannot be looked into at this stage while deciding a bail petition filed u/s 439 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery of 260 grms of heroin effected from him and 500 grms of opium was also recovered from dashboard of car - Quantity of recovered contraband falls under commercial quantity - Rigors of S.37 of NDPS Act would certainly be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Charges were framed on 23.2.2024 and out of total 35 PWs only one PW has been examined till date - No recovery effected from petitioner and he was nominated only on the basis of disclosure statement of co-accused - Investigation of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement - Non-compoundable offences - For quashing criminal proceedings of non-compoundable offences on the ground of settlement, High Court must satisfy itself that there is a genuine settlement between victim and accused - If Court is satisfied about existence of a genuine settlement, other..........
Criminal Procedure Code, 1973, Section 357A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 396 -- Victim compensation - Case concerning bodily injuries such as sexual assault etc. - Directions issued: (i) Sessions Court, which adjudicates a case concerning bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Appeal is filed by appellant before High Court in the year 2020 - Older appeals would be heard prior to this appeal being considered - Co-accused has been released on bail by High Court - Appellant has already completed a little more than half the sentence..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Even where quash petition is filed to quash the FIR and a final report is filed, which is taken cognizance, High Court can still exercise its jurisdiction u/s 482 Cr.P.C. and quash the proceedings itself if a case is made out...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Rape - Petitioner a close relative of victim child with intention to sexually assault her, kidnapped her from the lawful custody of her parents and taken her to a country boat and thereafter accused committed penetrative sexual assault against victim - Though victim attempted to rescue herself, he restrained her and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 397 -- Bail - Offence u/ss 395, 397 - Challan was presented and charges were already framed - Out of 23 PWs only 1 witness has been examined till date - Petitioner has undergone an actual custody of 1 year and 27 days and there is not other case registered against him - Veracity of..........
