Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Absence of cogent reasons and failure to refer to relevant factors that weighted with Court to grant bail is also an important factor that persuade Appellate Court to interfere with the order passed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Bail - Rape - Cancellation of bail - Conduct of accused during bail has evoked a bona fide fear in the mind of complainant that she would not get a free and fair trial if he remains enlarged on bail and there is a likelihood of his influencing the material witnesses - Order..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Forged and fabricated Will - Accused filed civil suit for permanent injunction claiming relief of the basis of Will - In such suit burden will be on plaintiff to prove genuineness of Will to claim the relief - However, that does not prevent defendant/complainant to initiate criminal proceedings on the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While exercising jurisdiction u/s 482 Cr.P.C, High Court should not ordinarily embark upon an enquiry into whether there is reliable evidence or not - Jurisdiction has to be exercised sparingly, carefully and with caution only when such exercise is justified by specific provisions of S.482 Cr.P.C..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Abuse in the process of Court - Courts intervention is warranted u/s 482 Cr.P.C. when allegations in FIR do not at all disclose any offence or there are materials on record from which Court can reasonably arrive at a finding that proceedings are in abuse of the process of Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Charge sheet submitted u/s 325 and other provisions of IPC - Magistrate not in agreement with charge sheet and he dropped S.325 and replaced it with S.326 IPC - No infirmity in the impugned order...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 265 gms heroin - Intermediate quantity was recovered from accused - No PW has been examined - Trial of case is likely to take time to conclude - Keeping in view the custody of accused and facts and circumstances of case, bail granted to..........
Criminal Procedure Code, 1973, Section 107, 397, 401 -- Order passed without jurisdiction - Revision thereagainst - Sale deed annexed with the petition suggest that petitioner has purchased the land in question and he ought to have been made a party which is not done - Order passed in absence of petitioner - That does not mean that petitioner is not entitled to challenge..........
Criminal Procedure Code, 1973, Section 107 -- Scope - Magistrate u/s 107 Cr.P.C. cannot put a person into possession...........
