Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 326 -- Bail - Murder - Accused not named in FIR - He had been nominated on basis of statements of injured witnesses and also on basis of disclosure statements of co-accused, admissibility of which would be debatable - Accused has been behind the bar for a substantial..........
Criminal Procedure Code, 1973, Section 482, 169 -- Expunction of disparaging remarks against I.O - Comments/remarks so recorded against I.O were against functioning and conduct of petitioner in person and was not integral to adjudication of application u/s 169 Cr.P.C seeking release of accused for want of sufficient evidence - Moreover, Station House Officer/I.O should not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 114, Dowry Prohibition Act, 1961, Section 3, 7 -- Anticipatory bail - Abetment of suicide - Allegations against father-in-law and mother-in-law of deceased - General allegations are alleged for demand of dowry and cruelty in the FIR, without there being any specific instances and..........
Criminal Procedure Code, 1973, Section 482 -- Internet platform - Quality of products put on sale by prospective vendors - Issuance of interim directions by High Court - Plea that being an internet platform or an intermediary, appellant is not liable to guarantee the quality of goods or merchandise which is put up for sale nor is it possible for appellant to certify about..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Offence u/s 366 IPC, Ss.5(I), 6 of POCSO Act and S.9 of Child Marriage Act - PW2, PW7 & PW8 are crucial witnesses - If the witnesses are not cross-examined, evidence stands un-rebutted and it would amount to a case of no defence resulting in grave prejudice to accused - More so, PW2/victim..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder - FIR was lodged within seven hours - Even FIR was sent to Magistrate within 24 hours as required under provisions of Cr.P.C - Delay of seven hours cannot be said to be fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Application for recall of order is maintainable as it was an application seeking a procedural review and not a substantive review to which S.362 Cr.P.C would be attracted...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against conviction - Death of appellant - Counsel as Amicus curiae cannot be treated as near relative of deceased - Appeal abates, as application for continuation of appeal having not been made within 30 days or even thereafter by any near relative as per provision of S.394 Cr.P.C...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Delay in filing appeal - Condonation of delay - Delay has apparently been caused due to red tapism in the office of District Magistrate - It cannot be accepted as a sufficient cause for delay - Moreover, case is virtually of no evidence - Delay cannot be condoned - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - If rights of parties have already been adjudicated upon by a particular forum, then entertaining an application u/ss 145, 146 Cr.P.C would not be appropriate - SDM was thus, perfectly justified in discontinuing proceedings u/ss 145, 146 Cr.P.C...........
