Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Once the factum of possession and right to possess both have been adjudicated upon by appropriate civil Court, question of initiation of proceedings u/s 145, 146 Cr.P.C does not arise...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person who has committed an offence is not entitled to grant of discretionary jurisdiction of anticipatory bail unless it is shown that accused is falsely implicated or is entitled for protection of liberty...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, 409 -- Anticipatory bail - Offence u/ss 408, 409 IPC - Material available during investigation as per FIR/complaint would show that offence is made out against accused - Nature and gravity of offence and role played by accused disentitle accused to grant of anticipatory bail - Accused has..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Accused is a habitual offender and is involved in six more cases - He has also been convicted in two cases under NDPS Act - Mere fact that quantity involved is a non-commercial quantity would not necessarily mean that accused has right to..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Magistrate while rejecting bail application has given detailed reasons for the same - Filing of application u/s 482 Cr.P.C for challenging order rejecting bail, amounts to second bail application - Application rejected...........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Death of informant - Wife of deceased/informant can contest the case after death of an informant...........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Death of informant - Impleadment of wife of informant - Wife though is the legal heir and can contest the case after the death of her husband - However, wife has not suffered any loss or injury rather she herself instigated her four real brothers to commit the offence by attacking informant with danda and lathi -..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witnesses recorded u/s 161 Cr.P.C. - Cannot be the basis to convict accused and that too for a serious offence of murder - Such statement is used merely to contradict a witness with his previous statement...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court can re-appreciate the evidence and come to a different conclusion but it must keep in mind that interference with a judgment of acquittal can only be for compelling reasons - S.378 Cr.P.C does not provide any limitation to the powers of Court while dealing with the judgment of acquittal...........
