Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Default bail - Recovery of opium - Charge sheet not filed within stipulated period of 180 days - Application for bail u/s 167(2) Cr.P.C. filed on 181st day - Till than prosecution did not submit any application for extension of time - Application for..........
Criminal Procedure Code, 1973, Section 237, Indian Penal Code, 1860, Section 376, 511, 294 -- FIR u/ss 376, 511, 294, 107 IPC - Charge sheet filed u/ss 376, 511 & 294 IPC - Charge with regard to offence u/s 376 erroneously framed - Only charge u/s 376 IPC be quashed and not the entire proceedings...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - While computing period of 90 days, the day on which accused was remanded to judicial custody should be excluded and day on which challan is filed in the Court should be included - In the instant case, accused remanded to judicial custody on 5.7.2013 and charge sheet filed on 3.10.2013 - Date 5.7.2013 is to be..........
Criminal Procedure Code, 1973, Section 173(8), 482 -- Dowry death - Further investigation - Charge-sheet filed after 3 years - Quashing of order taking cognizance - Investigation against petitioners kept pending u/s 173(8) Cr.P.C. - Charge sheet failed after a lapse of three years - No material was collected before filing of charge sheet - Even interrogation was not made..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet not filed within stipulated period of 60 days - Default bail sought - After expiry of 60 days offence u/ss 467/468 IPC registered - Will not take away right of accused to get default bail provided he is prepared to furnish bail to the satisfaction of Magistrate - Bail granted...........
Criminal Procedure Code, 1973, Section 468 -- Cognizance of offence - Bar of limitation - Offence u/s 304-A IPC registered on 31.07.2005 - Charge sheet filed on 24.05.2008 - Period of limitation is three years from the date of institution of complaint/charge sheet - Charge sheet, held, not barred by limitation...........
Criminal Procedure Code, 1973, Section 482, 173, 228 -- Quashing of proceedings - Charge sheet filed u/ss 406 & 420 IPC - Appellant lost his money which was kept in the car of first respondent - No offence u/ss 406 & 420 IPC is made out as no inducement was made by respondents to deliver the property and there was no entrustment of money - Case would fall u/s 379 IPC -..........
Criminal Procedure Code, 1973, Section 164, Indian Penal Code, 1860, Section 376 -- Statement of prosecutrix u/s 164 Cr.P.C. in a rape case - Should be handed over to I.O. immediately with a specific direction that contents of such statement should not be disclosed to any person till the charge sheet/report u/s 173 Cr.P.C is filed - Court rightly rejected application for..........
Criminal Procedure Code, 1973, Section 173(2) -- Investigation - Charge sheet filed against one set of accused absolving other set of accused - Magistrate before taking cognizance must issue notice to complainant so that complainant can file protest petition or he has a remedy to file application u/s 190 Cr.P.C. or can apply u/s 319 Cr.P.C. at appropriate stage...........
Criminal Procedure Code, 1973, Section 167, 173, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Accused pleaded that filing of supplementary charge-sheet and application for further investigation was an admission of fact that when charge-sheet was filed investigation was not complete, thus they are entitled to bail - Further investigation u/s 173(8)..........
