Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - False promise of marriage - At the stage of considering bail plea, it is neither appropriate nor feasible for Court to draw any conclusion much less to return any finding as to whether promise of marriage made to prosecutrix was false and in bad faith with no intention of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Prosecutrix and accused both are major at the time of incident and they also were in a romantic relationship with each other, which was also known to their families - Parents of both the parties were contemplating marriage between two - Proposed marriage was awaiting the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323 -- Bail - Attempt to murder - Accused neither armed with any weapon nor he gave any serious injury to father of complainant - Allegation that accused gave kick blows to complainant - Culpability of accused would be decided during trial of case - Challan has already been presented -..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - FIR lodged after intervention of Superintendent of Police - Delay in lodging FIR properly been explained by prosecution - In a case u/s 376 IPC, delay if explained properly is not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Accused forcibly took victim to a deserted place, kept her in a room throughout the night and committed rape on her and thereafter next day in the night he left her outside the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of Non-bailable Warrant (NBW) and proclamation u/s 82 Cr.P.C - Main accused have already been acquitted by Court - Since the allegations against petitioner are not distinct and separate when compared with other acquitted accused persons, therefore, no purpose would be served, if petitioner is tried for same offences, as..........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Bail application qua certain provisions of the offence under IPC - Anticipatory bail application qua offence under other provisions of IPC - This is misuse of process of Court - Accused should apply for bail under all sections and accused cannot be permitted to apply for bail in part, that too firstly getting..........
