Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........
Criminal Procedure Code, 1973, Section 432(2) -- Remission - Opinion of Presiding Judge of Sentencing Court - Must be accompanied by adequate reasoning after taking into consideration the relevant factors that govern the grant of remission as laid down in Laxman's case...........
Criminal Procedure Code, 1973, Section 145, 146(1), 397 -- Order passed u/s 146 Cr.P.C. - Not an interlocutory order - Revision against such order is maintainable...........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Transfer of investigation should not be a matter of course and such an order should only be passed with great circumspection - Impugned order of High Court transferring investigation to CBI not interfered in view of peculiar circumstances of the case - CBI to assign a reasonable priority to..........
Criminal Procedure Code, 1973, Section 482, Prohibition of Child Marriage Act, 2006, Section 11, Indian Penal Code, 1860, Section 120B -- Quashing of FIR - Compromise - Offence u/s 11 of Prohibition of Child Marriage Act and S.120-B IPC - Compromise effected between parties is voluntary, genuine and without any pressure or coercion - Criminal cases arising out of..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 302, 34 -- Appeal against acquittal - Murder - Courts below has given a categorical finding that evidence is so scanty that accused cannot be punished or convicted for offences for which they are charged - Factual scenario will not permit us to take a different view than that taken by Court..........
Criminal Procedure Code, 1973, Section 311 -- Recall of 20 PWs - Statements of 20 PWs shows that they are not present on the spot and they are tale tell witnesses - They have simply heard about the incident from others - Statements of almost all material witnesses have already been recorded and they have been cross-examined by accused - Summoning of these witnesses is not..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Petitioner is in Canada since 2015 - No notice/proclamation was served upon him at the place of his residence and he was wrongly declared proclaimed offender vide impugned order in breach of prescribed procedure u/s 82 Cr.P.C - Order of declaring petitioner as proclaimed offender quashed along with all..........
Criminal Procedure Code, 1973, Section 482, 362 -- Altering or reviewing of judgment or final order - Except to correct a clerical or arithmetical error, applies to S.482 Cr.P.C. as well...........
Criminal Procedure Code, 1973, Section 125, 127, 128 -- Execution of order passed u/s 125 or 127 Cr.P.C. - Order can be enforced by Court where such person resides or by Court which passed the order irrespective of the fact that such person is residing at a place outside the jurisdiction of Court which passed the order...........
