Civil Procedure Code, 1908, Order 39, Rule 2A, 11 -- Violation of ad interim injunction order - Double jeopardy - Defendant contended that since action U.O.39.R.2-A CPC is already taken against him, taking further action U.O.39.R.11 CPC would amount to double jeopardy - Principle of double jeopardy would be applicable in service or criminal jurisprudence and would not be..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Counter complaint - In respect of the same incident having a different version of events - It is legally permissible...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complaint and material on record reveals that allegation against petitioner No.2 is made only on basis of suspicion - It is on the basis of suspicion and vague allegation that FIR is registered against petitioner No.2 - There are no specific allegations and overt acts attributable to petitioner No.2 in the FIR..........
Indian Penal Code, 1860, Section 309, Criminal Procedure Code, 1973, Section 468 -- Attempt to commit suicide - Order taking cognizance - Offence in question is punishable with a maximum imprisonment of one year - FIR was registered in the year 2013 and Court below has taken cognizance in the year 2016, without assigning any reason and thus, same is barred by law - Order..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2), Criminal Procedure Code, 1973, Section 438 -- Appeal - Order rejecting anticipatory bail application by Special Court - Only remedy available for petitioner is to file an appeal u/s 14-A(2) of the Act, as existence of an order of Special Court is sine qua non for approaching High..........
Indian Penal Code, 1860, Section 326, Criminal Procedure Code, 1973, Section 439 -- Bail - Grievous hurt caused by biting with teeth - Human teeth cannot be termed as a dangerous weapon capable of causing death - Offence u/s 326 IPC held, not attracted and only an offence u/s 325 IPC would be attracted, which is bailable offence - Bail granted...........
Criminal Procedure Code, 1973, Section 200 -- Private complaint - Recording of sworn statement of complainant and witnesses present before taking cognizance of offence is mandatory u/s 200 Cr.P.C - Affidavit of complainant cannot be substituted for recording of sworn statement by Magistrate...........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Confiscated proceedings have not been initiated with regard to vehicle - Court directed to release of seized vehicle - No typographical or any other apparent mistake has been committed in the order -..........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Merely because proceedings u/s 82 Cr.P.C have been initiated against accused, anticipatory bail cannot be denied to accused on this ground alone...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 201, 204, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d), Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused was not named in FIR and during investigation he had fully cooperated and participated and his statement u/s..........
