Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere submission that some questions could not be put to prosecutrix in her lengthy cross-examination, cannot be a ground to recall the witness who has already been examined and cross-examined fully...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Privacy of victims or identity of victims of sexual offences including POCSO cases is protected - Merely because materials disclosing privacy of victim were already published in the website and same are within public domain, is not a reason to provide the copy of documents to accused...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Once the factum of possession and right to possess both have been adjudicated upon by appropriate civil Court, question of initiation of proceedings u/s 145, 146 Cr.P.C does not arise...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person who has committed an offence is not entitled to grant of discretionary jurisdiction of anticipatory bail unless it is shown that accused is falsely implicated or is entitled for protection of liberty...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, 409 -- Anticipatory bail - Offence u/ss 408, 409 IPC - Material available during investigation as per FIR/complaint would show that offence is made out against accused - Nature and gravity of offence and role played by accused disentitle accused to grant of anticipatory bail - Accused has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Contraband - Abetment and criminal conspiracy - Simply mentioning in the charge sheet that offence u/s 29 of the Act is made out against accused is not sufficient enough to allow his incarceration until and unless any material is attached with the charge-sheet showing involvement/participation of accused...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Accused is a habitual offender and is involved in six more cases - He has also been convicted in two cases under NDPS Act - Mere fact that quantity involved is a non-commercial quantity would not necessarily mean that accused has right to..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - No evidence to indicate that appellant assaulted or used criminal force on the trap party in execution of their duties or for the purpose of preventing or deterring them in discharging their duties - Jostling and pushing by appellant with an attempt to wriggle out was not with any intention to assault or use..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Magistrate while rejecting bail application has given detailed reasons for the same - Filing of application u/s 482 Cr.P.C for challenging order rejecting bail, amounts to second bail application - Application rejected...........
