Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Proceedings u/ss 82, 83 Cr.P.C - Petitioner due to lack of communication coupled with misunderstanding created by circumstances beyond the control of petitioner, gathered impression that pending criminal proceedings before trial Court had been dropped against him and thus, he became lax - Dereliction on..........
Criminal Procedure Code, 1973, Section 161 -- Statement of eye witnesses recorded u/s 161 Cr.P.C. one month after date of incident - Delay weighed heavily against prosecution to infer the possibility of these witnesses being planted witnesses...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Once Trial Court found no evidence to convict accused, burden was upon High Court, while reversing the said judgment, to record clear findings in relation to each of the charges and, more particularly, the charge of criminal conspiracy u/s 120-B IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Manner in which petitioner, while wearing safety shoes, delivered kicks to deceased's stomach and private parts prima facie demonstrates his intent to cause his death - Safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Exoneration in department proceedings cannot be the basis for quashing of criminal case - Criminal case has to be proceeded on the basis of evidence adduced in it - Same has to be tested by trial Court and then a judgment has to be pronounced on the basis of evidence adduced and produced..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 333, 353, 504, 506, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Murder - Applicant is in jail since last 4 years - Serious allegations were made against applicant - Being a police officer he has misused the trust which has led to death of his colleagues - Trial is..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - No recovery was effected from vehicle in question - Petitioner is the registered owner of vehicle - Vehicle seized/impounded can be released on sapurdari u/s 451 Cr.P.C during pendency of trial to registered owner - Vehicle released on sapurdari to petitioner subject..........
Criminal Procedure Code, 1973, Section 197(2), Armed Forces (Special Powers) Act, 1958, Section 6, Indian Penal Code, 1860, Section 302, 307, 326, 201, 120B, 34 -- Sanction for prosecution - Murder - Sanction as required u/s 6 of 1958 Act has been declined by competent authority - FIRs in question cannot continue any further - However, since State has already assailed said..........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance to wife - Order directing interim maintenance to wife is only an interlocutory order, as rights and liabilities of parties have not attained finality - Order granting maintenance is proper...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Bail - Cheating - Investigation of case is complete and challan stands presented - Charges are yet to be framed and out of 20 PWs, none has been examined yet - Conclusion of trial is likely to take long time - Detaining accused behind the bars for an indefinite period would solve no..........
