Criminal Procedure Code, 1973, Section 54 -- Application for scientific tests by accused - Narco Analysis, Brain Mapping and Polygraph etc. - Objection by complainant that application filed belatedly - Objection rejected, as only stage where accused has a right to speak out before court is stage of defence i.e u/s 313 Cr.P.C - Otherwise, also S.165 Cr.P.C. empowers trial..........
Criminal Procedure Code, 1973, Section 482 -- Two FIR's - Quashing - It is only when on reading the FIR, a sheer absurdity in the allegations is noticed and when no prima facie cognizable case is made out on its mere reading due to absurdity in the allegations or when facts disclose prima facie cognizable case and also disclose remarkable identity between two FIRs as if..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431(1), 421(1) -- Dishonour of cheque - Recovery of unpaid compensation - Where accused already suffered default sentence for offence punishable u/s 138 of the Act and he has not paid compensation amount payable in terms of S.357(3) Cr.P.C., then the same is recoverable as fine in..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Relevant considerations are : (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v)..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Once bail is granted on consideration of relevant materials, High Court would not normally interfere with such discretion, unless same suffers from serious infirmities or perversity - While considering correctness of the order granting bail, approach should be whether order granting bail to accused is..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Materials available on record prima facie indicating involvement of accused, possibility of accused tampering with witnesses and gravity of crime not kept in view while granting bail - As bail was granted on irrelevant considerations and same suffered from serious infirmity, High Court rightly set..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings under Act of 2005 - Suppression of previous litigations in quashing petition - Plea that relief claimed in quashing proceedings is different from the relief that has been claimed in the revision proceedings - Contention rejected, as..........
Criminal Procedure Code, 1973, Section 228, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Framing of charge - Offence u/ss 8, 21, 29 of NDPS Act - Framing of charge by trial Court without referring to evidence available on record against accused is erroneous - Order framing charge totally no, speaking and perfunctory, set aside...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charges, Court is required to see as to whether there is prima facie sufficient material on record to frame charges against accused...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Not substantial evidence - It may be used only to contradict witnesses produced before Court or with permission of Court to corroborate them...........
