Criminal Procedure Code, 1973, Section 439 -- Bail - At the time of considering bail application, it would not be appropriate for Court to examine statements of PWs minutely to return a finding upon their trustworthiness, as evidence is to be evaluated by trial Court in the light of other evidence which is yet to be adduced by prosecution...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(a), 29 -- Bail - Offence u/ss 22(a), 29 NDPS Act - Recovery of 2600 intoxicant tablets with mark lezidol-plus paracetamol & tramadol hydrochloride tablets - Challan has already been filed and there are 30 witnesses, out of which, none have been examined as yet and..........
Criminal Procedure Code, 1973, Section 299 -- Supplementary complaint - During existence of first complaint, filing second complaint under nomenclature of supplementary report is not permissible under law...........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, 01, 14 -- Anticipatory bail - Offence u/s 61, 01, 14 of the Act - It is not in dispute that petitioner was not apprehended at spot in spite of presence of several police officials - Question as to whether 180 bottles can be carried by two persons while riding on a motorcycle, is a matter of..........
Criminal Procedure Code, 1973, Section 173(2)(i) -- Cancellation report - Notice to Legal heirs of deceased complainant - Respondents are neither first informants nor injured witnesses - Land in question was in ownership of petitioner's side - Legal Heirs of complainant thus, have a limited role in opposing cancellation report - More so, when they choose not to appear..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Witness sought to be summoned is important witness whose statement has already been recorded u/s 161 Cr.P.C, which is part of charge sheet - Said witness has to be examined, so that Court can reach to truth - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 188 -- Offence committed outside India - If an offence is committed by a person who is not an Indian citizen in a foreign country, local police has no jurisdiction to investigate the offence committed by him outside India - Initiation of criminal proceedings in such cases are vitiated due to want of jurisdiction...........
Criminal Procedure Code, 1973, Section 188, 482, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Offence committed outside India - Rape - Petitioner was not Indian citizen at the time of commission of offence - His status as an Indian citizen terminated u/s 9 of Citizenship Act, as petitioner voluntarily acquired citizenship of Britain - If an offence is committed by a..........
Criminal Procedure Code, 1973, Section 156(3), 197, 195, 340 -- Application u/s 156(3) Cr.P.C - Non compliance of Court orders by Revenue Authorities - Lower Court rightly held that without sanction Court cannot take cognizance and that complaint is also barred u/s 195 Cr.P.C. because the proceedings could be initiated after enquiry u/s 340 Cr.P.C. by lodging the complaint..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Where offences of forgery and fraud are applied in a case, bar of delay in lodging FIR would not always be considered as a ground to terminate proceedings at the inception when there is strong prima facie evidence to prosecute..........
