Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 109(1), 109(3) -- Bail - Attempt to murder - Petitioner has undergone 5 months and 12 days of custody - Investigation is complete, challan stand presented, charges have been framed and out of total 17 PWs none have been examined so far - Conclusion of trial shall take considerable..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 118(1), 351(2), 118(2), 191(3), 190 -- Bail - Offence u/ss 115(2), 118(1), 351(2), 118(2), 191(3), 190 BNS - Petitioner is behind bars from the last 2 months and 30 days - Investigation is complete - Final report u/s 173 Cr.P.C. was presented before concerned Court -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 395, 412, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 395, 412, 201, 120-B IPC and S.25 of Arms Act - Petitioner is behind bars for the last 5 months and 17 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before concerned Court - Charges..........
Indian Penal Code, 1860, Section 294, 357 -- Offence u/ss 294, 357 IPC - Two investigating Officers conducted the investigation - One I.O. has not come forward for his cross-examination and consequently part of investigation conducted by him and evidence collected by him remains unproved - Deposition of second I.O. was not signed and endorsed by jurisdictional Court,..........
Indian Penal Code, 1860, Section 420, 406, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations are criminal breach of trust, cheating, forgery and conspiracy - It cannot be said issue is purely civil in nature - Facts may have flair of both civil and criminal acts - Where both civil and criminal acts are found,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation - Accusations against an investigating officer alone is not sufficient to transfer investigation unless there is sufficient material to show that I.O. has mixed up with accused...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation - Bald allegations are not sufficient for transfer of investigation...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation - Investigation is transferred only when Court finds that a fair, honest and complete investigation is not being carried out - Transfer of investigation to another agency is only done in rare and exceptional cases such as cases where high officials of State authorities are involved...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation - Merely because investigating agency is not acting under dictates of complainants or complainants are not satisfied, alone cannot be the factor for transfer of investigation...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation to Special Investigative Team, or to Superior Investigating agency being CBI or special cell - Investigation is being conducted under supervision of Assistant Commissioner of Police - Multiple Status Reports have been filed and in fact High Court has been monitoring investigation - Charge..........
