Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute regarding ownership of land - Delay of 60 years in initiating the dispute which is not explained - Criminal case is lodged only after failure to obtain relief in civil suits coupled with denial of relief in interim therein - Resort to criminal case is only with ulterior motive for oblique reasons and..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cannot be rejected on the ground that charge-sheet has been filed and cognizance has been taken by Court...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Even if charge-sheet is filed and cognizance is taken by Court against accused, who has got an immunity from being arrested during the course of investigation either by way of order of a competent court protecting him by grant of anticipatory bail or by service of notice u/s 41-A Cr.P.C. by I.O, anticipatory..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclamation u/s 82 Cr.P.C. issued after filing of anticipatory bail application - Bar to entertain anticipatory bail application of a proclaimed offender is not attracted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 354, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Demand of dowry - Charge-sheet has been filed in the matter - Accused have been cooperative during the course of investigation - I.O did not find any ground to arrest them during the course of..........
Criminal Procedure Code, 1973, Section 167 -- Police remand of an accused who is on anticipatory bail - While granting anticipatory bail Court passed the order "Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand and that this would be sufficient to treat the accused in the judicial custody for the..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Ex parte maintenance order passed by Family Court - Setting aside - Application for setting aside ex parte maintenance order passed by Family Court can be preferred by husband before trial Court...........
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...........
