Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - It lies within jurisdiction of High Court - Such relief must be after judicious application of mind which must reflect : (i) The nature and gravity of the allegations; (ii) The seriousness of the alleged offence(s); (iii) The position of the accused and the likelihood of their..........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - Oral direction - Illegal - Issuing oral directions restraining arrest, does not form part of judicial record and must be eschewed...........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance order - Enforcement - Limitation of one year - Applicable only in case of issuance of warrant for recovery - Limitation of one year does not create a fetter on the right to claim enforcement u/s 128 of the Code...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 27A, 61, 85, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of 4 kg 400 gms Alprazolam Tablets - Default bail - Repeated extension of time on same ground by trial Court, treated as mechanical orders passed by trial Court - No exceptional circumstances were revealed which could have indicated why..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of murder case - Apprehension which has been made basis to seek order for transfer of case pending before Court below is absolutely weak and cannot be remotely said to be reasonable - No sufficient ground to transfer of case - Application dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 3, 6, 5, 17, 16 -- Quashing of FIR - Kidnapping and rape of 17 years old girl - Settlement between parties - Accused and victim got married - Compromise and settlement entered between parties and marriage subsequently..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Negotiable Instruments Act, 1881, Section 138, 82, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Material alteration - Quashing of complaint - Factum of who carried out material alteration is disputed - Disputed question of fact cannot be gone into by High Court while exercising its powers u/s 482 Cr.P.C - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Scope and ambit of power of Court u/s 319 Cr.P.C. - Analysed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C is an enabling provision empowering Court to take appropriate steps for proceeding against any person not being an accused for also having committed the offence under trial...........
