Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 143, 147, 149, 506, 188 -- Anticipatory bail - Illegal extraction of sand - Accused reached on the spot at later stage - Though act of accused to reach on the spot in late hours may be sufficient to draw some nexus between accused and persons actually indulging in act of extraction of sand -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 -- Anticipatory bail - Offence u/ss 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 IPC - Applicant is 65 years old - Prima facie there is no material to show that applicant had quarreled with police or had pelted stone at..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 353, 186, 283, 188, 160, 148, 149, Arms Act, 1959, Section 25, 57, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(t), 3(2)(v) -- Prevention of Damage to Property Act, 2014, S.3 - Bail - Weapons of all the four accused were recovered and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 506, 188, 34, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Second application - Second application for anticipatory bail is maintainable when first anticipatory bail application was dismissed as withdrawn and same was not decided on merits - Petitioner already joined investigation..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 188, Explosives Act, 1884, Section 9B -- Anticipatory bail - Offence u/ss 420, 188 IPC and S.9-B of Explosive Act - Recovery of crackers - Petitioner is a valid licence holder for storing crackers under Explosive Act and said licence is renewed from time to time - However, validity of said..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195, 482 -- FIR u/s 188 IPC - Complaint in writing not as per S.195 Cr.P.C. - FIR quashed...........
Criminal Procedure Code, 1973, Section 188 -- Offence committed outside India - Power of arrest and detention is available to Police authorities where allegations pertain to commission of offences allegedly committed outside India, though sanction of Central Government as per S.188 Cr.P.C has not been obtained - Only post cognizance inquiries and commencement of trial..........
Criminal Procedure Code, 1973, Section 195(1)(a), 173, Indian Penal Code, 1860, Section 188 -- Cognizance of offence on basis of police report - Offence u/s 188 IPC - No complaint ever filed in Court by Public servant concerned - FIR u/s 188 IPC itself was impermissible and cognizance of offence on basis of a police report was barred - Summoning of petitioner after taking..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - In order to prosecute an accused for an offence punishable u/S.188 of IPC, it is mandatory to follow procedure prescribed u/S.195 of Cr.P.C., else, such action is rendered void ab initio...........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Objective - Is to provide for particular procedure, which gives authority only to public servant - Legislative intent is to prevent an individual or a group of persons from facing criminal prosecution instituted upon..........
