Criminal Procedure Code, 1973, Section 406 -- Transfer of case outside the State - Murder case - Apprehensions of petitioners, some of which are genuine and can be effectively redressed by issuing appropriate directions - More than 90 witnesses are yet to be examined - Transfer of trial to any other neighboring State will cause serious impediment in deposition of those..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Mere delay in sending FIR to Magistrate would not itself have a negative effect on the case of prosecution, unless serious prejudice is caused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Cheating - Fraudulent withdrawal of amount from bank account of complainant - Merely because proposed accused once had supplied a copy of statement of account to complainant which was either dim or misprinted, opinion cannot be formed that he was in connivance with accused who allegedly..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Proceedings u/s 145 Cr.P.C. cannot be dropped merely on the ground that one party had approached civil Court not with regard to title or right to possession...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Once charges are framed u/s 228 Cr.P.C, High Court would not be justified in invoking its inherent jurisdiction u/s 482 Cr.P.C to quash proceedings in Sessions case except in those rare cases where forensic exigencies and formidable compulsions justify such a course...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
Criminal Procedure Code, 1973, Section 197, Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), Drugs and Cosmetics Rules, 1945, Rule 123 -- Sanction for prosecution - Offence u/ss 18(c), 27(b)(ii) of the Act - Sanction for prosecution prima facie appears to be suffering from vice of non-application of mind - There is no reference to any of documents, evidence or..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Adequate power is conferred upon Court to recall any witness at any stage of proceeding but with rider that such evidence must be essential to just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW19 for further cross-examination - Application filed after a gap of 15 years - However, during cross-examination of I.O by co-accused, accused had gone unrepresented, because of reason beyond his control - Even otherwise, questions put to witness on recall are absolutely material to defence of accused, as otherwise..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 8(C), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 0.9 gms MDMA - Intermediate quantity - Accused is involved in 14 crimes prior to present occurrence - Out of which 3 are u/s 27(b) of NDPS Act, but many of antecedents are pertaining to minor offences - However, taking into account..........
