Criminal Procedure Code, 1973, Section 482 -- Quashing - No offence made out, if all the averments contained in complaint are taken to be true - FIR and charge sheet quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim was 16 years 5 months old and accused was 21 years old - She was recovered from the home of accused and is inhabited by other members of family of accused including his parents -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 417, 34 -- Quashing of criminal proceedings - Offence u/ss 417, 34 IPC - Money suit filed for recovery of the amount in question which is also the subject matter of complaint case - For the same allegations two cases are going on which is not permissible - Criminal proceedings quashed...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - FIR against victim of rape for the offence of extortion - Compromise - Victim of rape a young lady of 23 years - If she goes through trial, in one case as victim and in another case as accused, it would rob the prime of her youth - Though in a heinous case like rape, proceedings in a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 32 kg 960 gms charas - Bail - Order of framing charge against accused is upheld - It is thus, presumed that accused has been prima facie found to be involved in the conspiracy relating to possession of commercial quantity of contraband -..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Filling up lacunae - Said reason is not an absolute bar in allowing application u/s 311 Cr.P.C. - A crucial and vital piece of evidence ought not be obstructed...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Court is vested with a broad and wholesome power to summon and examine or recall any material witness at any stage and closing of prosecution evidence is not an absolute bar...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Power u/s 311 Cr.P.C to summon a witness is conditioned by requirement that evidence of person who is sought to be summoned appears to Court to be essential to just decision of case...........
Criminal Procedure Code, 1973, Section 311, 91 -- Summoning of witness - For purpose of producing decoding register - Decoding registers merely being additional documents required to be able to appreciate existing evidence in form of call details which are already on record - But use codes to signify location of accused, a crucial detail, which can be decoded only through..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of proceedings - Production of call record details to contend that accused was not present at the time of occurrence - Proceedings cannot be quashed when there are disputed questions of fact which require evidence...........
