Criminal Procedure Code, 1973, Section 178 -- Territorial jurisdiction - Continuing offence - Where offence is a continuing one and continues to be committed in more than one local areas and takes place in different local areas, Court having jurisdiction over any of such areas is competent to inquire into and try the offence as per S.178 Cr.P.C...........
Criminal Procedure Code, 1973, Section 179 -- Territorial jurisdiction - S.179 Cr.P.C makes it clear that if anything happened as a consequence of offence, same may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 148, 149, 427, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Attempt to murder - Petitioner regularly appearing before trial Court, but till date, not even a single PW has been examined - Although petitioner is facing three other cases, but he is on bail in all of them - Sending..........
Criminal Procedure Code, 1973, Section 207 -- Supply of documents including electronic record to accused - Offence u/ss 354-D, 385, 506, 120-B IPC and Ss.4, 8 of POCSO Act and Ss.66-E, 67, 67-A, 67-B, 84-B of Information Technology Act - Copies of documents, if any, available in the electronic medium, which do not have any scope to disclose the identity of the minor victim..........
Criminal Procedure Code, 1973, Section 207 -- Supply of documents including electronic record to accused - Offence u/ss 354-D, 385, 506, 120-B IPC and Ss.4, 8 of POCSO Act and Ss.66-E, 67, 67-A, 67-B, 84-B of Information Technology Act - When there is possibility of disclosure of identity of minor victim, then instead of supplying, copying such documents to accused, it..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C treated as complaint case - Property dispute between parties - Parties are litigating the same before competent Courts - Considering all facts and circumstances of case order to treat application u/s 156(3) Cr.P.C as a complaint case seems to be just and reasonable...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Application u/s 156(3) Cr.P.C treated as complaint case - Even if application is registered as complaint case even then under process of inquiry Magistrate has ample power to direct for investigation to be made by police officer or such officer as he thinks fit...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage of both the parties and both of them have one child each from their earlier marriage - Nothing on record that wife has left matrimonial home with her own will and has any independent source of income - Husband had solemnized the marriage with wife with open eyes - Husband is owner in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 44,160 bottles of cough syrup - Contraband recovered is a commercial quantity - Two relevant factors u/s 37 of NDPS Act that Court should come to satisfaction that prima facie accused is not guilty of offence and also..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet and application for default bail filed on the same day - However, charge sheet was filed before filing of application for default bail - Accused's right of default bail is thus, extinguished - Application for default bail rightly rejected...........
