Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 462, 206, 217, 34, 37, 120B -- Quashing of FIR - Cheating - Nothing on record to show that appellant/bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that mens rea existed at the time of such inducement - Ingredients to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court and Court of Session have concurrent jurisdiction to grant anticipatory bail for an offence - Hence, an application for grant of anticipatory bail directly in the High Court without first approaching Sessions Court is certainly maintainable - However, High Court hearing application for..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - When application for anticipatory bail is first moved before Sessions Court there can only be two situations, either it would be granted or rejected - If it is rejected by Sessions Court then the order of rejection passed by Sessions Court would throw light on the case and High Court would be benefitted by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Applications for default bail and extension of time - Court may hear both the application for extension of time and default bail simultaneously only if application for extension of time is filed first in point of time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 180 days for filing charge sheet expired - However, application for extension of time was filed on 180th day while the application for default bail was filed after two days i.e on 182nd day - Both the application decided on the..........
Criminal Procedure Code, 1973, Section 294 -- Documents - Defence repeatedly continued to admit the genuineness of prosecution documents - Documents can be read in evidence without formal proof...........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Assault - Shouting and threatening staff - This by itself does not amount to any assault - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere change of counsel not a ground to recall the witness...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Recalling of witnesses should not be permitted at the fag end of trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. casts higher degree of evidence against person who is sought to be impleaded as an accused than what is available at the time of investigation...........
