Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Bail - Economic offences of high magnitude - Regular bail can be granted after filing of challan...........
Criminal Procedure Code, 1973, Section 210 -- Complaint case and police investigation in respect of same offence - Procedure to be followed - Magistrate is vested with powers to consolidate and proceed as a police case while staying complaint proceedings and after calling a police report from I.O...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Cruelty - Demand of dowry - Parties have moved on in life and got married subsequent to decree of divorce - No useful purpose would be served in pursuing criminal prosecution any further - In terms of agreement..........
Criminal Procedure Code, 1973, Section 340 -- Complaint u/s 340 Cr.P.C - Malicious prosecution - Grounds for maintaining a suit for malicious prosecution cannot form basis for filing of a petition u/s 340 Cr.P.C since it has to independently satisfy requirements of S.195(1)(b) Cr.P.C...........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 211 -- Offence u/s 211 IPC - False charge u/s 211 IPC only relates to original and initial accusation through which criminal law was set in motion - Admittedly, it was not the accused who had set criminal law in motion - Petitioner came into scene only at a later point of time when case was..........
Criminal Procedure Code, 1973, Section 438, Copyright Act, 1957, Section 63, Trade Marks Act, 1999, Section 103 -- Anticipatory bail - Maintainability - Offences u/s 63 of Copyright Act and S.103 of Trade Marks Act are non-bailable in nature - Application for anticipatory bail is maintainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 418, 465, 482, 483, 485, 486, 488, 34, Copyright Act, 1957, Section 63, Trade Marks Act, 1999, Section 103 -- Anticipatory bail - Maintainability - Offence u/s 418, 465, 482, 483, 485, 486, 488, 34 IPC and S.63 of Copyright Act and S.103 of Trade Marks Act - There is infringement of trademark..........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 295-A IPC - Quashing of FIR - Allegation that accused by putting a comment on his Facebook, hurt religious feelings of Hindu community - However, words used by accused do not convey even remotely the meaning which complainant seeks to extract out of expression - There is..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused in custody since 12th January, 2021 - Matter under investigation - That itself is not sufficient ground to deny personal liberty to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 332, 353, 186, 379B, 307 -- Bail - Offence u/ss 148, 149, 332, 353, 186, 379-B, 307 IPC - Petitioner along with some workers were making a peaceful protest outside factory premises regarding non-payment of wages - Whether line for peaceful protest was crossed in alleged incident or not,..........
