Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet against accused filed within prescribed time limit and cognizance taken - Right of statutory bail to accused is not available on the ground that investigation qua other accused is pending...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Pendency of further investigation qua other accused or for production of some documents not available at the time of filing charge sheet would neither vitiate chargesheet nor would it entitle accused to claim right to get default bail on the ground that charge sheet was an incomplete charge sheet or that..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Non-compoundable offence - High Court has power to allow compounding of a non-compoundable offence and quash the prosecution u/s 482 Cr.P.C, where it feels that same is required to prevent abuse of process of law or otherwise to secure the ends of justice - Such power is not confined..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Allegations as levelled in the FIR are lacking on the point of showing that there was any abetment on the part of accused in the form of instigation, conspiracy or intentional aid as provided u/s 107 IPC - No purpose would be served by detaining..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Time barred debt - It is a mixed question of law and fact - Not to be decided by High Court while exercising jurisdiction u/s 482 Cr.P.C. - Impugned order quashing proceedings set aside...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366 -- Anticipatory bail - Kidnapping - Victim was 17-1/2 years old girl at the time of incident and is minor but she alleged that she had left her father's protection knowingly and having capacity to know the full import of what she was doing and that she voluntarily joined the accused - No..........
Arms Act, 1959, Section 30, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 30 of Arms Act - Cognizance of offence - Limitation - Offence u/s 30 of Arms Act being punishable upto 6 months imprisonment, therefore no Court can take cognizance after period of one year - In the instance case, arms licence of petitioner expired in Aug 2011 and he kept gun with him..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Direction issued to mandatorily mention in the application filed for grant of bail the following details viz. : (1) Details and copies of order passed in the earlier bail application filed by petitioner which have been already decided; (2) Details of any bail application filed by petitioner, which is pending in any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Quashing of summoning order - Petitioners are senior citizens and reside in Mumbai - Drill of S.202 Cr.P.C was not followed - Neither complainant nor State counsel able to controvert the same - Summoning order set aside - Matter remanded back to Magistrate to..........
