Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet if filed without completing the investigation does not extinguish the right to default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Law as to : (a) Without completing the investigation of a case, a charge-sheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail u/s 167(2) Cr.P.C.; (b) Such a charge-sheet, if filed by an investigating authority without first..........
Criminal Procedure Code, 1973, Section 167(2), Constitution of India, 1950, Article 32 -- Default bail - It is a fundamental right directly flowing from Art.21 of Constitution of India - Violation of such a right, directly attracts consideration under Article 32 of Constitution...........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii)(1), 6, Criminal Procedure Code, 1973, Section 482 -- Sexual assault - Quashing of proceedings - Victim and accused are now staying together as husband and wife - They decided to amicably settle the matter - However, victim was 13 years old at the time of incident - Narration of incident by victim does..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(b), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Ganja seeds - No specific allegation that Ganja seeds were supplied by petitioner to other person with an intention to receive back grown Ganja after cultivation - However, material on record shows that petitioner can be said to have..........
Indian Penal Code, 1860, Section 420, 441, 447, 427, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute regarding title over property in question - It is for civil Court to decide who has title over said property - Police cannot decide rightful owner when two parties are claiming ownership tracing back to very same vendor/seller of property - Case..........
Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Inquiry while issuing process is extremely limited only to ascertain truth or falsehood of allegations made in the complaint based on material on record - Defence of accused need not be gone into at this stage...........
Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 499, 500 -- Issuance of process - Defamation - Magistrate has passed detailed order recording prima facie satisfaction that allegations in the newspaper would fall within expression of defamation u/s 499 IPC - To determine whether imputations are sufficient to attract provisions of S.499 IPC, a..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 239 -- Dishonour of cheque - Discharge - Case is tried as a summary trial - Procedure prescribed for summons case is applicable for summary trial - In case of summary trial or trial of summons cases, there is no provision for discharge of accused like S.239 and S.245 Cr.P.C - Application..........
