Criminal Procedure Code, 1973, Section 258, 167(5), Indian Penal Code, 1860, Section 447 -- Trespass - Summon case - Discharge of accused - Validity - Held, after issuance of summoning orders by Magistrate, accused could not be discharged or acquitted midway without permitting parties to lead any evidence - In summoning cases, there cannot be question of discharge as there..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet not filed within time - Charge sheet filed during pendency of application for default bail - Right of accused will not be defeated by filing of charge sheet - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 60/90 days - Begins to run from the date of remand...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Non-filing of charge sheet within 90 days - Extension of time - No strict compliance with provision of S.36A(4) of NDPS ACT - Extension of time for filing final report u/s 173 Cr.P.C could be given by court on report of public prosecutor indicating the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Bail - Non-filing of charge sheet within 90 days - Application by I.O for extension of time for filing final report u/s 173 Cr.P.C was without any report of public prosecutor - Held, right to be released on bail has accrued in favour of petitioner for no,..........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Offence u/ss 366, 498, 342 & 506 IPC - Accused in judicial custody for 77 days - Investigation not completed and charge sheet not filed - Application for default bail returned on the premise that application has to be filed after 90 days from the date on which accused was remanded to judicial custody -..........
Indian Penal Code, 1860, Section 420, 166, 167, 463, 464, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner, Sub-Divisional Officer, exercising jurisdiction under Rajasthan Tenancy Act and Land Revenue Act alleged to have conspired with other accused persons and got mutation in name of plaintiff for wrongful gains - No allegations made in FIR that..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Presentation of challan during pendency of application seeking default bail, does not take away the right of default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory period to be counted from the date of remand - The day on which remand was granted has also to be included in calculating the statutory period...........
Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Right to statutory bail - When can be claimed? - Held, right to statutory bail u/s.167(2) CrPC can be claimed by an accused only when investigating officer fails to conclude investigation within specified period - No step taken or not taken by Court creates right or keeps it alive - Once charge-sheet is submitted..........
