Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Forged letter filed in Court - No case that forgery was committed after letter was filed in Court - Provision u/s 195(1)(b)(ii) Cr.P.C. not attracted...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - No limitation is prescribed before Appellate Court to entertain an application - Objection of complainant that application was filed by accused after about 4 years of filing of appeal is not sustainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Criminal Procedure Code, 1973, Section 169 -- Negative final report - Trial Court rejecting it and taking cognizance - Recovery of opium - Admittedly, before proceeding for raid, seizure officer did not collect any evidence to give reasonable suspicion that petitioner has dominion over place where..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 192, 193, 194, 199, 211 -- Quashing of proceedings - Offence u/ss 192, 193, 194, 199, 211 IPC - In the instant case, Court convicted son and acquitted wife for murder of deceased - Aggrieved by decision sister of deceased fabricated false evidence against wife of deceased to deceive her - Sister..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 364, 384, 302, 120B, 34 -- Anticipatory bail - Offence u/ss 364, 384, 302, 120-B, 34 - Specific allegation against petitioner made at the time of lodging FIR statement itself and that so far no effective investigation is conducted against petitioner - Even, details of phone conversations between..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person approaching Court for such relief must come with clean hands disclosing all the facts without trying to conceal anything...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape case - Prosecutrix not supported prosecution case - Eight PWs yet to be examined - Petitioner is in custody since 03.01.2017 - Trial not likely to conclude in near future - No allegations on behalf of State..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306 -- Summoning of additional accused - Offence u/s 306 IPC - No evidence on record till now that petitioners, on any particular date, time and place harassed the deceased - General allegations against petitioners were levelled by wife of deceased - Mere fact that complainant gave statement to..........
Criminal Procedure Code, 1973, Section 395 -- Reference to High Court - Power of Metropolitan Magistrate (MM) to grant bail in case of offence punishable Life imprisonment - MM has power to release on bail a person accused of commission if a no, bailable offence subject, however, to conditions in S.437(1)(i)(ii) Cr.P.C. - Reference disposed of...........
Criminal Procedure Code, 1973, Section 395(2) -- Reference to High Court - Magistrate can refer the question of law to High Court if such question arose `in any case pending before the Court' - Further such question of law should arise in the hearing of such case...........
