Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 323, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 25, 29B, 30 -- Anticipatory bail - Murder - Accused main conspirator in the case - He was absconding not only in present case but also in another FIR registered against him - Custodial interrogation of accused appears to be..........
Criminal Procedure Code, 1973, Section 482, 154, 156(3) -- Quashing of second FIR - On account of malicious conduct and active concealment - Complainant got two FIRs registered against petitioners on the same cause of action - Filing of successive applications without disclosing the final report in earlier applications and instituting criminal proceedings with a malafide..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Appreciation of evidence is a function of trial Court and High Court in exercise of power u/s 482 Cr.P.C cannot assume such jurisdiction and put to an end the process of trial provided under law...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 452, 354, 504, 506 -- Quashing of Charge sheet - Offence u/ss 323, 452, 354, 504, 506 IPC - Disputed question of fact arising in the case, cannot be adjudicated by High Court at pre-trial stage - Genuineness or otherwise of allegations cannot be even determined at the stage of summoning..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - More than prima facie case has been made out against petitioner to invoke S.319 Cr.P.C and summon him as an additional accused to face trial...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 149, 148, 147, 307 -- Summoning of additional accused - Murder - Complainant who is also an eye witness of incident identified accused in the CCTV footage and stated his role in the alleged crime - Trial Court thus, not committed any error in summoning accused to face trial like other accused..........
Criminal Procedure Code, 1973, Section 190(1)(b) -- Cognizance of offence on the basis of police report - Against a person not arraigned as an accused in police report or whose name also does not appear in column 2 of such report - Court can issue summons to such persons only if there are materials before Magistrate showing complicity of said persons - Materials need not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While considering facts in an application u/s 482 Cr.P.C, Court cannot embark on an inquiry as to reliability or genuineness or otherwise of allegations made in the FIR...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 451, 506, 509, 120B, 34 -- Quashing of Charge sheet - Offence u/ss 323, 341, 451, 506, 509, 120-B, 34 IPC - Various uncontroverted allegations were made against accused - None of these allegations appear to be absurd or inherently improbable - There is no ground to exercise power u/s 482..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Provision of de novo trial is mandatory for accused summoned u/s 319 Cr.P.C. - It would not be sufficient to only tender the witnesses for cross examination of such a person rather they have to be examined afresh - Earlier proceeding will become ineffective and inoperative because the accused brought u/s..........
