Criminal Procedure Code, 1973, Section 188 -- Offence committed outside India - If an offence is committed by a person who is not an Indian citizen in a foreign country, local police has no jurisdiction to investigate the offence committed by him outside India - Initiation of criminal proceedings in such cases are vitiated due to want of jurisdiction...........
Criminal Procedure Code, 1973, Section 188, 482, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Offence committed outside India - Rape - Petitioner was not Indian citizen at the time of commission of offence - His status as an Indian citizen terminated u/s 9 of Citizenship Act, as petitioner voluntarily acquired citizenship of Britain - If an offence is committed by a..........
Protection of Women From Domestic Violence Act, 2005, Section 2(g), 2(n), Criminal Procedure Code, 1973, Section 188 -- Domestic violence - Not an offence as defined under Cr.P.C. - S.188 Cr.P.C has no application on a domestic violence as defined under PWDV Act or on reliefs sought under the said Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 188, 147, 148, 153, 323, 505, 435, 120B, 34 -- Bail - Murder - Prima facie no material is available with prosecution from statements of eye witnesses or video clips of mobile phones to show that petitioners were part of mob which caused unlawful activity at Gali No.1 resulting in..........
Criminal Procedure Code, 1973, Section 195(1)(a)(i), Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - No written complaint was made to any Court by any public servant or some other public servant, who was subordinate as per S.195(1)(a)(i) Cr.P.C - FIR could not be registered by police as there was no ban on marriages during lockdown due to COVID pandemic -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 188, 34 -- Bail - Offence u/ss 323, 324, 326, 188, 34 IPC - Co-accused already granted bail - Disputed question as to who caused grievous injury with sharp edged weapon on left arm of injured, arises in the case - Keeping in view of facts and circumstances of case, nature of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 452, 506, 34, 188 -- Bail - Attempt to murder - Sole allegation against accused is of hitting complainant with baseball bat on his head - Complainant was under the influence of liquor at the time of alleged incident - Co-accused already granted bail - Trial of case is likely to consume time -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 188, 342, 323, 149 -- Anticipatory bail - Offence u/ss 353, 186, 188, 342, 323, 149 IPC - Matter involving merciless beatings given to police official on duty - If concession of pre-arrest bail is granted to accused of assaulting public servants on duty that may further embolden people..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 297, 454, 353, 186, 342, 270, 120B, 188, Prevention of Damage to Public Property Act, 1984, Section 4, Disaster Management Act, 2005, Section 51 -- Anticipatory bail - Allegation that a group of persons locked certain staff of medical and para-medical team inside a room and thereafter removed body..........
Indian Penal Code, 1860, Section 302, 307, 409, 420, 406, 467, 468, 109, 201, 188, 120B, Arms Act, 1959, Section 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Murder - Bail - No tangible material to indicate that delivery of revolver to assailant was actually by petitioner's son and not petitioner himself - Implicating petitioner in alleged conspiracy when..........
