Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - When FIR alleges a dishonest conduct on the part of accused which if supported by materials would disclose commission of a cognizable offence, investigation should not be thwarted by quashing the FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court ought to have considered the materials collected during investigation before taking a call on the prayer for quashing of FIR, cognizance order and the proceedings pursuance thereof...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to two daughters - Daughters are residing along with their mother and they have not provided any records demonstrating that father is paying maintenance amount to them - Petitioner being a father is legally bound to maintain the daughters and provide an excellent education to his daughters - Father is running a..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25, 29 -- Bail - Offence u/ss 25, 29 of Arms Act - Petitioner is alleged to be found in illegal possession of weapons - He is in custody for a period of 1 year, 10 months and 21 days - Petitioner does not have any criminal antecedents - Trial is likely to take time as 17 PWs are yet to be examined - Bail..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - Enhancement of sentence - S.386(b)(iii) Cr.P.C expressly bar the appellate Court from enhancing the sentence in an appeal filed by accused from a conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - In an appeal from conviction, appellate court may reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court of competent jurisdiction subordinate to such appellate Court or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 34, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - No individual was named in FIR, nor was their identity disclosed - Accused had covered their faces with cloth - Complainant did not express suspicion against any individual nor did he mention any enmity or rivalry with anyone in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 402 -- Dishonour of cheque - Conviction - Appeal by accused in Court of Sessions - Complainant filed revision petition before High Court - Revision petition filed in High Court ordered to be transferred to Court of Sessions...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet was filed within 180 days but same was not accompanied by FSL report - FSL report was filed as part of a supplementary charge sheet filed beyond 180 days from the date of arrest of petitioner and after he applied for statutory..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Benefit of suspension of sentence cannot be denied to accused merely because another trial is pending against him...........
