Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has no power to order further investigation suo motu after taking cognizance on charge sheet - He could order for further investigation in exceptional circumstances and that too on the prayer of I.O...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 39, 40 -- Bail - Offence u/ss 39, 40 of UAPA - Prima facie there is no satisfaction that acts which are committed by accused have been committed with intention to further the activity of a terrorist organization - It is not the case of accused that they did not make the payment..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused neither challenged the first extension which was granted in his absence nor challenged the second extension granted in his presence - Therefore, when charge sheet was filed within period of second extension, accused not entitled to be released on default bail - Default bail application rightly..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court earlier rejected bail application - Trial Court granted bail on filing of fresh bail application, having due regard to the nature of offence, fact that other accused had been granted bail and that charge sheet has been submitted - Order of trial Judge does not indicate that he had applied..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Except the bald statement regarding use of abusive language or scolding, no other live link was brought on record to establish direct connection of accused with act of suicide by deceased - Accused discharged from charge u/s 306 IPC...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Submission of charge sheet before Court Sub-Inspector is not the same thing as submission before Court, because once it is filed, it is to be taken on record by passing a judicial order...........
Indian Penal Code, 1860, Section 419, 420 -- Cheating - Accused impersonated his brother and obtained employment - However, brother of accused had died and appointment order was issued to him - Accused continued to work in office knowing fully well that appointment letter was issued to his brother - Apology letter written by accused to Department concerned corroborated..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - No allegations in complaint or in charge sheet that criminal force has been used or an assault had been made against complainant with intention of outraging modesty of complainant - I.O rightly dropped provision u/s 354 IPC - Order taking cognizance of offence u/s 354 IPC by Magistrate quashed...........
Indian Penal Code, 1860, Section 107, 306 -- Abetment of suicide - Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing - Without there being a positive act on the part of accused to instigate or aid in committing suicide, charge so framed cannot be sustained...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against accused is that he used to taunt deceased by saying that she was inauspicious to family, therefore, she committed suicide - No material to establish the fact of instigation, intentional aid or any conspiracy whatsoever having been extended by accused to deceased to commit suicide - Order..........
