Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 365 -- Anticipatory bail - Offence u/s 365 IPC - Accused has joined investigation - No custodial interrogation is required - Interim bail granted to accused is made absolute subject to conditions envisaged u/s 438(2) Cr.P.C - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Accused is in custody for nearly two years four months - Case is at the stage of trial - Two witnesses have been examined and 26 witnesses are proposed to be examined by prosecution - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 244, 246 -- Warrant case otherwise than on police report - Pre charge evidence should be recorded by trial Court - Order to frame charge straightaway in the absence of pre-charge evidence set aside...........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - District Police Chief cannot order further investigation, as said power rests either with concerned Magistrate or with a higher Court and not with an investigating agency...........
Protection of Children from Sexual Offences Act, 2012, Section 19, 2, 42A, Criminal Procedure Code, 1973, Section 198 -- Overriding effect of provisions of POCSO Act - S.19 r/w S.21 of POCSO Act shall override restrictions imposed u/s 198(1) r/w S.198(3) Cr.P.C...........
Prohibition of Child Marriage Act, 2006, Section 3, Criminal Procedure Code, 1973, Section 472, 473 -- Child marriage - Extension of period of limitation to file complaint - Court has power to extend period of limitation if it deems appropriate in cases where minor victims are not able to file their complaints within time...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Neither proceedings u/s 82 Cr.P.C nor S.438 Cr.P.C impose any restriction in filing of anticipatory bail application by Proclaimed offender...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Deceased expired as a result of "septicaemia due to chronic illness of multiple organs involvement" - Death cannot be termed as "not under normal circumstances" - Ingredients of S.304-B not fulfilled - There..........
Criminal Procedure Code, 1973, Section 202 -- Provision of S.202 Cr.P.C. is mandatory even in a Government complaint case - Non compliance of mandatory provision of S.202 Cr.P.C. as petitioners are stationed at Delhi - Order taking cognizance set aside...........
