Prevention of Corruption Act, 1988, Section 313(2), 13(1)(d) -- Illegal gratification - Discharge - Allegations levelled against accused in the charge-sheet is that they misused their official position while they were entrusted with the public money being the Chairman and Managing Director and Executive Director respectively of Bank - However, truthfulness or otherwise of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary charge sheet - Magistrate cannot take cognizance of a supplementary charge sheet submitted after further investigation if it does not contain any fresh oral or documentary evidence...........
Hindu Marriage Act, 1955, Section 13A -- Divorce - Long period of continuous separation has resulted in matrimonial bond wrecked beyond repair - Marriage between parties has become a fiction - Wife filed a criminal case against husband u/ss 498-A, 504, 506 IPC but charge sheet was submitted only u/s 406 IPC and for rest of offences no evidence has been found against..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Accused sought complete records in crime and statements recorded u/s 164 Cr.P.C - Unless all the evidence collected during course of investigation is furnished to accused, it would cripple construction of appropriate defence - Right to defend cannot be rendered illusory by depriving any..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Default bail - Neither charge sheet filed on the date of petition for default bail by accused, nor order for extension of time to complete investigation granted/ordered - Indefeasible right to default bail accrued to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 466, 221, 205, 109, 120B, 34 -- Anticipatory bail - Offence u/ss 419, 466, 221, 205, 109, 120-B, 34 IPC - Police officer facing allegations of manipulating investigation so as to favour an accused - Considering the position held by petitioner even if he was suspended from service and charge..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 377 -- Quashing of proceedings - Offence u/s 377 IPC - Magistrate after hearing prosecution arrived at the conclusion that on the basis of evidence collected by I.O, prima facie case u/s 377 IPC was made out against accused - Therefore, he took cognizance u/s 377 IPC in addition to other..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304, 34 -- Default bail - Charge sheet not filed within prescribed period - Accused having exercised his right to statutory bail is entitled to grant of same - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within prescribed limit and cognizance taken by Court - Accused cannot claim statutory right of default bail merely because some investigation u/s 173(8) Cr.P.C may be required...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Right of I.O. for further investigation u/s 173(8) Cr.P.C is not taken away only because charge sheet is filed u/s 173(2) Cr.P.C against accused...........
