Criminal Procedure Code, 1973, Section 438, Mines and Minerals (Development and Regulation) Act, 1957, Section 21(1), 21(4) -- Anticipatory bail - Offence u/ss 21(1), 21(4) of Mines and Mineral Act - Offending tractor trolley was seized with illegal stone dust - Same was being driven by son of petitioner - It was the petitioner who directed his son to dump the stone dust..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Proclamation was issued by Court on 10.9.2019 and case was adjourned to 26.6.2019 - As 30 days had not elapsed from the date of proclamation, case was adjourned to 30.10.2019 on which order of proclamation was passed - Order declaring proclamation cannot be quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379B, 34, 411 -- Quashing of FIR - Offence u/ss 379-B, 34, 411 IPC - Accused declared proclaimed offender on 30.10.2019 and co-accused was acquitted on 4.3.2020 - Accused approached High Court by way of his first petition for quashing, seeking similar relief which came to be argued and withdrawn..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 384, 389, 406, 120B, 34 -- Quashing of FIR - Cheating - Aspect about complicity of a person who was involved in the forgery is a disputed question of fact and the same will have to be addressed after a proper appreciation of evidence which can be done only during trial and not at such a..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Alteration of charge can happen at any time during the trial u/s 216 Cr.P.C, but not an additional charge sheet...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Special Court/Magistrate has power to release the vehicle in question for interim custody u/ss 451, 457 Cr.P.C and owner shall take defence and he shall prove that vehicle was used without his knowledge by person transporting the drugs...........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order u/s 29 of PWDV Act - Revision - Maintainability - Person aggrieved by an order of Sessions Court u/s 29 of PWDV Act can prefer a criminal revision petition, as procedure prescribed for an application u/s 12 of PWDV Act is as per Cr.P.C and appeal..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Accused has no right to seek investigation in a particular manner and even Court does not have any jurisdiction to supervise the investigation, as investigation is within exclusive domain of the police...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Matrimonial dispute - Imposition of condition that husband should undertake to fulfill all physical as well as financial requirements of wife, is absolutely improbable and impracticable condition - Condition set aside...........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to major unmarried daughter - Where Family Court has jurisdiction to decide a case u/s 125 Cr.P.C. as well as suit u/s 20 of 1956 Act, in such eventuality, Family Court can exercise jurisdiction under both the Acts and in an appropriate case can grant..........
