Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Apprehension that justice will not be done - Petitioner is required to show circumstances from which it can be inferred that he entertains a reasonable apprehension - However, this apprehension cannot be imaginary and cannot be a mere allegation...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Convenience of parties and witnesses as well as language spoken by them are also relevant factors when deciding a transfer petition...........
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...........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Accused contended that victim stated his name on the say of police - It cannot be appreciated that police would have told name of accused to victim, as accused has not explained as to what grudge police have against him in his statement recorded u/s 313 Cr.P.C or even in cross-examination of I.O -..........
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..........
