Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 343, 374, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 79 -- Anticipatory bail - Offence u/ss 343, 374 IPC and Ss.75, 79 of JJ Act - Establishment of accused is not dealing with any hazardous process - There is no ostensible engagement of the child and keeping the..........
Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 40, Rule 1 -- Review of criminal judgment by Supreme Court - Normally in criminal proceeding, review applications cannot be entertained except on ground of error apparent on face of record - Power of Supreme Court under Article 137 is wider and in an appropriate case can be exercised to mitigate a..........
Criminal Procedure Code, 1973, Section 24(8) -- Advocate of victims choice - Permission to assist Public Prosecutor - Victim can engage a lawyer of her choice to assist prosecution with permission of Court - Objection raised by respondent is only a technical one, hence, rejected - Moreover, for smooth process for ends of justice, prayer in application of victim to allow..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 17 days in lodging FIR - Parents of victim unaware of mode of accessing to criminal justice system as they want from one person to other to seek advise on how to take steps - Delay sufficiently explained...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Quashing of FIR - Offence u/ss 279, 337 IPC and S.187 of M.V. Act - Compounding of offence - Amicable settlement arrived at between parties - Even if some of the offences constituted in the FIR are no, compoundable yet for securing the ends of..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents in question though required to be filed along with plaint but can be filed lateron with leave of Court on showing plausible reason - Reason stated for not filing documents in question seems plausible - Trial Court allowed application and order being discretionary in nature cannot be..........
Criminal Procedure Code, 1973, Section 340 -- Compliant u/s 340 Cr.P.C. - Prima facie there should be a deliberate and conscious attempt to interfere in the administration of justice...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 86 -- Trial of offences against children - To be conducted as provided u/s 86 of the Act, irrespective of whether offence was committed prior to enactment of 2015 Act or not...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 86 -- Trial of offences against children - Children's Court can try the offences against children or violation of child rights if and only if at least one of offences alleged is punishable with imprisonment for a term exceeding 7 years irrespective of whether the offences alleged are offences under IPC..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 86 -- Trial of offences against children - Direction issued by High Court for compliance by Subordinate Courts : (a) All cases pending before the Children's Court, where the proceedings are not concluded shall be transferred to the Magistrate Court concerned as provided u/s 228(1)(a) Cr.P.C. for trial..........
