Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 354(A), Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of FIR - Rape case - Victim has not furnished any information in regard to date and time of commission of alleged offence - Investigation has been completed and charge sheet is ready to be filed - In..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C or Art.226 of Constitution need not restrict itself only to the stage of a case but is empowered to take into account overall circumstances leading to initiation/registration of case as well as the..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C or Art.226 of Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as..........
Civil Procedure Code, 1908, Section 75(e), Order 26, Rule 10A -- Scientific investigation - Scientific survey/investigation proposed to be carried out by Commission is necessary in the interest of justice and shall benefit the plaintiffs and defendants alike and come in the aid of trial Court to arrive at a just decision - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence u/ss 3, 4 of PMLA Act - Allegations against accused are of laundering a huge amount of money which has come in the investigation - Accused is a man of means and even if he is looking after his father, mother he can make an alternative arrangement and that cannot be a ground of S.205..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Paramount consideration in cases where bail or anticipatory bail is claimed are the nature and gravity of offence propensity or ability of accused to influence evidence during investigation or interfere with trial process by threatening or otherwise trying to influence the witnesses, likelihood of accused to flee..........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory bail - Investigation was completed and charge sheet was filed after granting of anticipatory bail to accused - Accused cooperated with investigation both before when no protection was granted to him till filing of charge sheet - Impugned order of High Court rejecting bail and directing accused to surrender and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tables - ASI/PW3 is the complainant and he also conducted investigation - Entire investigation stands vitiated on this account - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 468, 469, 471, 194, 211, 218, 120B -- Bail - Offence u/ss 468, 469, 471, 194, 211, 218, 120-B - Charge sheet has been filed - Accused after being released on interim bail has not been called for investigation even on a single occasion - She has already surrendered her passport which shall continue..........
