Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Addition of more serious offences - Can be taken as an overwhelming circumstances warranting cancellation of bail - But accused should be put on notice regarding such overwhelming circumstances and order cancelling bail, should reflect consideration of those circumstances and consequence need for..........
Criminal Procedure Code, 1973, Section 482 -- Fair and impartial investigation - It is imperative on part of I.O. to conduct investigation strictly in accordance with law, in fair and impartial manner without being influenced by any extraneous consideration - Sr.Supdt. directed to ensure investigation be conducted strictly in accordance with law, in fair, impartial and..........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, 1, 14 -- Anticipatory bail - Recovery of illicit liquor - Non-joining of independent witness in terms of S.100 Cr.P.C - No other case under Punjab Excise Act is pending against petitioner except two cases under IPC - Anticipatory bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Interim bail - Recovery of 260 gms heroin - Petitioner sought interim bail for a special purpose of attending marriage of his sister - He is also involved in 4 more cases pertaining to NDPS Act - However, interim bail for one day under proper custody of police is..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise to marry - Quashing of charge sheet - No allegation that promise to marry was false at the inception - On the contrary, it appears from contents of FIR that there was a subsequent refusal on the part of accused to marry which gave rise to the registration of FIR -..........
Indian Penal Code, 1860, Section 419, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations with respect to inducement for Rs.5 lakhs for obtaining job are made against co-accused/husband of accused - There are no allegations against accused - Even if all allegations in complaint are taken at face value are true, basic..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Merely because on same set of facts with same allegations and averments earlier complaint is filed, there is no bar to lodge FIR with police station with same allegations and averments - However, if it is found that subsequent FIR is abuse of process of law and same is lodged only..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Complaint u/s 138 of N.I. Act was filed against accused - After period of 3 months complainant filed application u/s 156(3) Cr.P.C seeking registration of FIR - However, Magistrate declined to register the same and decided to inquire into the matter by treating same as complaint..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511, 306, 498A, 406, 120B -- Anticipatory bail - Attempt to rape of daughter-in-law by father-in-law - Specific allegations levelled against accused by name which are quite grave and serious in nature - Young woman having lost her husband would not blame her father-in-law without any..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs1 and PW11 - Corruption case - Witnesses sought to be recalled by prosecution were required to mark relevant document which was crucial for decision of case - Delay in filing application occurred due to transfer of Special Public Prosecutor who was conducting case - Accused must have an opportunity to cross-examine..........
