Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A(2), 341 -- Anticipatory bail - Outraging modesty of woman - Delay of 2-1/2 years in lodging FIR - Delay in the matter of sexual offence though does not have much significance, but considering the fact that victim is a very educated lady, she should explain the delay satisfactorily -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Summons was served, yet wife refused - Wife had knowledge of legal procedure, as she filed three criminal cases against husband - On several dates after summons was served and wife did not remain present, decree of divorce came to be passed after waiting for almost 6..........
Criminal Procedure Code, 1973, Section 482, 173(8) -- Further investigation - High Court in its inherent powers can direct further investigation or even re-investigation, where High Court feels that investigation is not in proper direction and to do complete justice where facts of law so demand - Provision of S.173(8) Cr.P.C do not limit or affect such powers of High Court..........
Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Further investigation - Offence u/ss 420, 409, 467, 468 IPC - Allegation of defalcation of goods and misappropriation of stocks from godown of Corporation - Case is of exceptional and special features where High Court was justified in ordering further investigation..........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property after expiry of statutory period of two years - Application by legal heir of deceased accused - Accused is entitled to submit an application even after period of limitation stipulated u/s 85 Cr.P.C - Nothing thus, will preclude legal heir of accused from submitting application when accused is no..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Normally, anticipatory bail cannot be granted for a limited period however, if facts and circumstance so warrant, Court would be justified in limiting it for a particular period...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted till framing of charge - Reasons for limiting anticipatory bail for a particular period not mentioned by High Court - Part of impugned order which restricts anticipatory bail upto framing of charge quashed and set aside...........
Criminal Procedure Code, 1973, Section 397, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102 -- Revision - Principles underlying the exercise of revisional powers u/s 397 Cr.P.C are applicable to a large extent when revisional powers have to be exercised u/s 102 of JJ Act...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate is required to apply its mind as to whether sufficient ground for proceeding exists in the case or not - Formation of such an opinion is required to be stated in the order itself - Order though need not contain detailed reasons but order is liable to be set aside if no reasons are given therein..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Information Technology (Amendment) Act, 2008, Section 67B -- Bail - Rape - Serious allegations were made against accused - Threats extended by accused to the life of prosecutrix and threats given through whatsapp chats..........
