Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 25, 29, Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offence u/ss 20(b)(ii)(c), 25, 29 of NDPS Act - Materials available on record do not suggest anything that there are reasonable grounds to believe that accused is not guilty of committing the alleged offence under NDPS..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR is not connected with the offence alleged in the earlier FIR - Second FIR is maintainable...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Only because civil remedy was available to informant, that itself cannot be a ground to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court while exercising jurisdiction u/s 482 Cr.P.C, would not ordinarily embark upon an enquiry whether evidence in question is reliable or not or whether on a reasonable appreciation of its accusation would not be sustained, as this is the function of trial Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal proceedings manifestly attended with mala fide and proceedings initiated maliciously with ulterior motives - When such fact is established, same is a good reason to quash criminal proceedings...........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witness - When accused submits a list of witnesses, it is not open for Court to pick and choose witnesses for issuing summons - Though Court is certainly bestowed with power to refuse to summon a witness, such refusal can only be for reasons to be recorded in writing, which have to relate to delaying..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, detailed analysis of entire evidence is not expected - Satisfaction is to be recorded that there are grounds for framing charge and not beyond that...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - When either at the instance of prosecution or on behalf of accused, Court is ignited regarding the necessity of alteration of charge, Court can exercise its power u/s 216 Cr.P.C., based on evidence...........
