Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 467 -- Default bail - Offence u/s 467 IPC - Alleged offence is punishable with life imprisonment or imprisonment which may extend upto 10 years - Statutory time period for filing charge sheet will be 90 days not 60 days - Bail application filed after expiry of 60 days rightly rejected...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for extension of time to file charge sheet filed before expiry of statutory period - Grant of default bail during pendency of consideration of application for extension of time is impermissible - Application for grant of default bail can be taken forward only if prayer for extension of period was..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Supplementary complaint - No cognizance was taken by Special Court on supplementary complaint - Bail application heard on the date before custody of petitioner became legal - Moreover, petitioner was remanded to judicial custody till 11-8-17 and said date was not noted by Court but by reader of Court which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8, 21, Criminal Procedure Code, 1973, Section 167(2), 439 -- Default bail - Recovery of 370 gms smack - Charge sheet not filed within prescribed period of 180 days in terms of S.36-A(4) of NDPS Act - Bail application filed on 182nd day of arrest of petitioner - When bail application was under..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 166, 167, 120B -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 166, 167, 120-B IPC - Family dispute - Allegation that mutation entries wrongly recorded by illegal act of accused - Admittedly, civil and revenue proceedings regarding wrong mutation entries continuing..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Challan not filed within time - Challan filed in Court having no jurisdiction is no challan in the eye of law as it does not meet the requirement of S.2(r) or S.173 Cr.P.C. - Challan was not filed within time, in the Court of Magistrate competent to take cognizance of the offence, when application for default..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Recovery of 13 kg ganja - Quantity of ganja recovered from accused is more than small quantity but less than commercial quantity for which accused cannot be detained more than 60 days in terms of S.167(2) Cr.P.C. - Charge sheet not..........
Criminal Procedure Code, 1973, Section 167(5), 468, 482 -- Delay of 17 days in filing charge sheet - Plea of bar u/s 167(5) Cr.P.C. taken after cognizance was taken by trial Court - High Court in exercise of its power u/s 482 Cr.P.C. condoned delay as in case delay is condoned accused will not be prejudiced and in fact undue prejudice is to be caused to the State and the..........
Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 166, 167, 120B -- Public servant - Previous sanction of Govt. not taken before taking cognizance against public servant - Impugned order quashed...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 167, 120B -- Sanction for prosecution - Offence u/ss 166, 167, 120-B IPC - Sanction of government not taken before taking cognizance against public servant, as mandated by S.197 Cr.P.C. - Order taking cognizance quashed...........
