Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Notice to complainant - Matters of issue of bailable warrant and representation of accused is between accused and Court - Complainant need not be heard - Moreover, in order to avoid delay in disposal of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Magistrate neither received or called for any report from police regarding non-execution of bailable warrant, nor he was satisfied that accused was avoiding Court's proceedings intentionally - Non-bailable..........
Contempt of Courts Act, 1971, Section 2(c)(iii), 12(1) -- Criminal contempt - Interference with administration of justice - Accused allegedly attempted to obstruct process of justice when non-bailable warrant was sought to be served on him by competent police officials, which has been recorded in video footage - Behaviour and conduct of appellant who is a member of Bar has..........
Criminal Procedure Code, 1973, Section 70 -- Issuance of arrest warrants, at first instance instead of issuing summons or bailable warrant - Impugned order set aside - Petitioner directed to appear before trial Court and move regular bail application...........
Criminal Procedure Code, 1973, Section 82, 83, 482 -- Arrest warrants - Court has to be prima facie satisfied that person accused of committing a non bailable offence is also evading his arrest - There has to be material before Court to reach said conclusion - Warrant of arrest cannot be issued without recording such subjective satisfaction - Impugned order issued merely..........
Criminal Procedure Code, 1973, Section 87, 204(1)(b) -- Non-bailable warrants - Merely for the reason that accused were absconding during period of investigation after filing final report unless reasons are recorded, warrant of arrest cannot be issued...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - High Court while granting bail to accused overlooked crucial requirements and glossed over the circumstances which were material to issue as to whether a case for grant of bail was established - In failing to..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation u/s 82 Cr.P.C - Issuance of non-bailable warrant is necessary before issuance of proclamation u/s 82 Cr.P.C...........
Criminal Procedure Code, 1973, Section 82 -- Issuance of Non-bailable warrant (NBW) and proclamation u/s 82 Cr.P.C - Application u/s 82 Cr.P.C moved by I.O - Application should be supported by an affidavit of I.O stating reasons why NBW and proclamation u/s 82 Cr.P.C is required, as issue relates to personal liberty of a person guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7 -- Anticipatory bail - Offence u/s 120-B IPC and S.7 of P.C. Act - Charge sheet has been submitted - Cognizance of case also taken - Applicant not appeared before Court concerned - Process of bailable and non-bailable warrant were issued on..........
