Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Arms Act, 1959, Section 3, 25, 30, Unlawful Activities (Prevention) Act, 1967, Section 18 -- Default bail - Charge sheet filed for offence under IPC and Arms Act - Second charge sheet for offence under UAPA filed after two days of filing application by accused u/s 167..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because charge sheet is filed is no ground to release accused on bail...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cancellation of bail - Cheating - Allegation against accused are very serious of tampering and/or manipulating Court record and accused has taken benefit of such forged manipulated Court order in another case - Charge sheet is filed against accused and even charges..........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Complainant deliberately suppressed material fact that a charge sheet was already filed by accused against him in relation to same incident - Suppression of material facts before a Court amounts to abuse of process of Court - Moreover, there is delay of 6 years..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 83 -- Quashing of FIR - FIR against child below 12 years - Charge sheet filed before Juvenile Justice Board - Quashing of FIR sought on the ground that FIR could not have been filed as per S.83 of IPC - Petitioner through his legal guardian is thus, allowed to file a suitable application in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Cruelty - Demand of dowry - Parties have moved on in life and got married subsequent to decree of divorce - No useful purpose would be served in pursuing criminal prosecution any further - In terms of agreement..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Default bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Sentence provided u/s 467 Cr.P.C. is imprisonment for life - Charge sheet can be filed within 90 days - Accused not entitled to default bail on expiry of 60 days period...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Investigation of case is complete and supplementary charge sheet is also filed - Accused in custody for over 2 years - Assets of accused are attached and his passport is stated to be with complainant company - No public money is involved in the case - Bail granted on terms and conditions to the satisfaction of trial..........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary charge sheet - Charge sheet was initially filed against co-accused and subsequent charge sheets have been filed against petitioners and other co-accused - Filing of supplementary charge sheets by police leads to delay in trial as clubbing of such supplementary charge sheets with main charge sheet filed earlier..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted by holding that accused can be re-arrested after charge sheet is filed - Filing of charge sheet by itself not a ground for cancellation of bail - Default bail can be cancelled on other grounds available in law to prosecution - Direction set aside...........
