Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 504, 506 -- Anticipatory bail - Offence u/ss 498-A, 323, 504, 506 IPC - Matrimonial dispute between parties - Keeping in view of second wave of corona virus and its further surge apprehended, accused shall be released on anticipatory bail till cognizance is taken by Court on police..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Ten eye witnesses categorically stated that accused came in motorbike and assaulted deceased with two weapons - Question of showing any sympathy to accused in respect of his family background is thus, not warranted - If accused is granted bail, there is every possibility of..........
Criminal Procedure Code, 1973, Section 144, 145 -- Imposition of prohibitory order - Writ jurisdiction - Nature of dispute between parties appeared to be title and possession - Accordingly parties were given liberty to take recourse before competent Court of law - Impugned order has lost its statutory force u/s 144(4) Cr.P.C - Moreover, Court u/art 226 of Constitution does..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85 -- Bail - Contraband - Accused is a habitual offender - FIR registered against accused while he was on bail in respect of another case registered under NDPS Act - Accused again indulged himself in similar activities violating provisions of NDPS Act - He has..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of PWDV Act - Not covered under the term `offence' - S.468 Cr.P.C. is not application to such an application...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70(2) -- Dishonour of cheque - Dismissal of complaint in default - Non-bailable warrant issued against accused to secure his presence - However, warrant was not at all executed, nor cancelled and same is in force - Therefore, question of taking further steps and dismissing complaint for..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Hearing of accused - At the stage of issuance of process accused cannot claim any right of hearing - Unless and until process is issued against accused, it cannot be said that accused has got a right of hearing...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Case referred to police for enquiry - Magistrate has no jurisdiction to issue notice to accused...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Court ordered further enquiry u/s 202 Cr.P.C, which shows that Court has not yet made up mind to issue process against accused - Sanction can be insisted only at the time of issuing process against accused - Proceeding not bad for want of sanction u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 73 -- Non-bailable warrant - Non co-operation in investigation and not answering the questions put by I.O. appropriately - Not a ground per se for issuance of non bailable warrants as every accused is entitled to right to silence to prevent self incrimination in terms of Art. 20(3) of Constitution of India - Order issuing non bailable..........
