Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Protection of Children from Sexual Offences Act, 2012, Section 19, 33 -- Application u/s 156(3) Cr.P.C - Can be treated as complaint case u/s 190(1)(a) Cr.P.C by Special Court under POCSO Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is strong evidence than mere probability of revisionist accused in the form of testimony of injured witness - In comparison to it, evidence on the basis of which Investigating Officer has exonerated revisionist accused is of a very weak nature - There is sufficient and cogent evidence on..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to accused two years ago - After two years of passing of order granting bail, if an order for cancellation of same is passed, it may re-ignite the rift and acrimony between parties - Moreover, there is no complaint of abusing the liberty so granted to accused - It is thus, not appropriate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of Non-bailable Warrant (NBW) and proclamation u/s 82 Cr.P.C - Main accused have already been acquitted by Court - Since the allegations against petitioner are not distinct and separate when compared with other acquitted accused persons, therefore, no purpose would be served, if petitioner is tried for same offences, as..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be denied to accused merely because co-accused who was released on bail has not surrendered...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of hearing on the charges entire evidence produced by prosecution is to be believed - In case no offence is made out then only an accused can be discharged - Truthfulness, sufficiency and acceptability of material produced can be done only at the stage of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Psychological Evaluation Test Report - May not be sufficient to convict an accused but it is certainly a material piece of evidence - Despite this material on record, High Court could not have opined that case was not made out even for framing of charge, for which only prima facie case is to be seen...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court while passing the discharge order did not even referred to the evidence collected by Investigating Agency produced alongwith charge sheet in its entirety - Rather there is selective reference to the statements of some of the persons recorded during investigation - It shows that there was total non..........
