Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - In a proceeding u/s 482 Cr.P.C, Court would not be in a position to conduct a roving enquiry into facts of the case...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Prima facie when an accusation has been made, Court would not embark upon appreciation of material in a petition u/s 482 Cr.P.C for quashing of proceedings...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Deliberate delay on the part of prosecution - Trial unnecessarily held up - Under-trials cannot indefinitely be detained pending trial - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - If trial is being delayed unnecessarily and for such delay there is no fault on the part of accused, rather it is on the part of prosecution and period of incarceration of such accused is long, his/her bail application may be considered...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - All issues involves disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of a litigation u/s 138 of the..........
Criminal Procedure Code, 1973, Section 146(1) -- Order of attachment u/s 146(1) Cr.P.C - Cannot be passed merely on apprehension of a breach of peace - Magistrate, before passing an order u/s 146 Cr.P.C, must explain the circumstances why he thinks it to be a case of emergency and further observed that there must be a material on record before Magistrate when submission of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 34 -- Quashing of FIR - Compromise - Partial quashing or part quashing of FIR only qua accused with whom complainant has compromised or settled the matter can be allowed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere long detention in jail does not entitle an accused for bail - However, period of long incarceration may be considered as one of the ground for granting bail, but it depends upon facts and circumstances of a particular case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 8 years old girl - Victim categorically stated in her statement recorded u/s 164 that accused committed oral sex with her, which amounts to rape - At the stage of bail, it cannot be presumed that she has..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Charges are to be framed on the basis of strong suspicion and detailed appreciation of evidence is not required at the stage of framing of charges...........
