Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners were duly exonerated in final report presented u/s 173 Cr.P.C - There is lack of cogent evidence which can establish more than prima facie case against petitioners - Order allowing application u/s 319 Cr.P.C. set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - While considering an application for grant of bail, it is not required for Court to record positive finding that accused is not guilty - Only requirement of law is that Court would look at the material in a broad manner and reasonably see whether accused's..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused is having requisite certificate and drug license to run medical store which is not disputed - He has not disposed of or sold even a single bottle of drug in question, which he purchased through bills -..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Defective investigation - If at any time, defective investigation comes to light during the course of any trial or inquiry, then same may be cured by directing further investigation and for this purpose, any appropriate writ direction or direction u/art 226 of Constitution or under..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second FIR - Second FIR lodged at place `U' on the basis of same allegations as in first FIR lodged at place `H' - Investigating agency at place `U' was well aware of the complaint on similar allegations being lodged at place `H' - Complainants had been misusing their official position by lodging complaints one..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal filed against conviction - Murder case - Accused after committing murder of constable and throwing away his dead body had absconded - Though they were later on arrested but during their arrest they resisted and opened fire on the police party for which a separate case was registered - Accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant could not appear due to lack of knowledge about transfer of case - Stage of case was for securing appearance of accused - Magistrate was not justified in straight away dismissing the complainant and ordering..........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Protest petition - Right of complainant to file a petition u/s 200 Cr.P.C is not taken away even if Magistrate concerned does not direct that such a protest petition be treated as a complaint...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Protest petition - Magistrate has liberty to reject protest petition along with all other material which may have been filed in support of the same - In that event the complainant would be at liberty to file a fresh complaint...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Offence under Unlawful Activities Act - Allegation against accused is of harboring co-accused pertains to the period when he was not declared P.O - Accused has not been declared terrorist till date - She is a 58 years old lady and has been in custody for a period..........
