Criminal Procedure Code, 1973, Section 190, 200, 204 -- Cognizance of offence - Presence of accused is not required at the time of consideration of taking cognizance...........
Criminal Procedure Code, 1973, Section 190, 200, 204 -- Cognizance of offence - Special Judge is not required to permit production of documents at the time of taking cognizance...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Wife will not be entitled to get monthly maintenance allowance u/s 125(4) Cr.P.C, if she refuses to live with her husband without any valid reason, or living in adultery or separately by mutual consent...........
Criminal Procedure Code, 1973, Section 202, 482 -- Issuance of process - Quashing of summoning order - No detailed order is required for passing any order for summoning the accused but in a case where final form has already been submitted in favour of accused and Magistrate is intending to proceed on a complaint petition, he is required to make reasons of differing with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - Absence of recovery of contraband from the person of accused, does not absolve it of level of scrutiny required u/s 37(1)(b)(ii) of NDPS Act and by itself not a ground to grant bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Non-compliance of S.42 of the Act - Bail - Issue of whether there was compliance of procedure laid down u/s 42 of NDPS Act is a question of fact - Question is one that should be raised in the course of trial - Order granting bail set..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - High Court while granting bail to accused overlooked crucial requirements and glossed over the circumstances which were material to issue as to whether a case for grant of bail was established - In failing to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Attempt to murder - Victim was attacked with a dangerous weapon i.e a knife - Injuries are such which would have caused death in ordinary circumstances - FIR cannot be quashed solely on the ground that parties have entered into a compromise - Petition for..........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 482 Cr.P.C - Availability of alternative remedy u/s 397 Cr.P.C by itself cannot be a ground to dismiss application u/s 482 Cr.P.C - Application u/s 482 Cr.P.C is thus, maintainable, even without exhausting remedy u/s 397 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of heroin - Bail - Accused have been in custody for last 1 year 6 months and 23 days respectively - Challan has already been presented - There are as many as 25 witnesses out of which only one witness has been examined - Trial of case is likely..........
