Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Ought not to be entertained, more so, when case diary and status report clearly indicated that accused is absconding and not cooperating with investigation...........
Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Not to be entertained, particularly when case diary and status report, clearly indicated that accused is absconding and not cooperating with investigation...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cognizance of offence - Cheating - Magistrate carefully examined material and evidence collected during investigation which are part of case diary and after prima facie satisfaction had rejected final report and taken cognizance u/s 190(1)(b) Cr.P.C - No infirmity in..........
Criminal Procedure Code, 1973, Section 190, 173 -- Cognizance of offence - Rejection of final report - Magistrate while dealing with final report in a criminal case is not competent to take into consideration extraneous material at the time of taking cognizance straightaway on protest petition without following procedure prescribed under Chapter XV Cr.P.C. - Evidence which..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Case Dairy - Neither accused nor his agents shall be entitled to call for case diary nor shall he or they be entitled to see them merely because they are referred to by court - But if they are used by police officer who made them to refresh his memory or if court uses them for purpose of..........
Criminal Procedure Code, 1973, Section 172(3), Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Case Dairy - Court can peruse case diary/materials collected during investigation by prosecution even before commencement of trial inter-alia in circumstances..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376(g), Protection of Children from Sexual Offences Act, 2012, Section 8 -- Cancellation of bail - Offence u/s 376(g) IPC and S.8 of POCSO Act - As per material on record including the case diary, medical report prima facie case is made out by prosecution - Taking into account the charges..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 406 -- Quashing of charge sheet - Cheating - Prima facie case made against accused on the perusal of FIR and material collected by I.O on basis of charge sheet was submitted - There appear to be sufficient ground for proceeding against accused - Claim of applicant that being Branch..........
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2) -- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - In present case, case diary was written in Marathi and its translated version was not available -..........
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2) -- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - Magistrate before whom a transit application is filed, is not required to merely satisfy himself that..........
