Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Rejection of an application u/s 311 Cr.P.C is an interlocutory order, against which revision is not maintainable as per S.397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Non-registration of FIR by police - Remedy as to - First remedy is to approach Superintendent of Police or any other competent police officer - However, even if thereafter grievance is unmitigated, one can take judicial recourse by approaching a Magistrate u/s 156(3) Cr.P.C - Still, thereafter an aggrieved party has a..........
Criminal Procedure Code, 1973, Section 439(1A) -- Bail - Notice to victim/Child Welfare Committee - Offence under POCSO Act - Direction issued viz. (i) victim/Child welfare Committee be informed about proceedings in bail petitions of persons accused of having committed offences under POCSO Act by issuing prior notice to them...........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - If an earlier application was rejected by an inferior Court, Superior Court can always entertain successive bail application...........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 3, 5, 7, 9, 29 -- Bail - Offence u/ss 3, 5, 7 & 9 of POCSO Act - Presumption u/s 29 of POCSO Act would come into play even if bail application is considered at pre-trial stage - Accused thus, have a right to bring to notice of Court the material or lack of it to show..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Where accused was granted interim bail for a particular period and once that period expired and his bail was considered on merits and same came to be dismissed by trial Court - Principle governing cancellation of bail therefore, would not apply to the case...........
Criminal Procedure Code, 1973, Section 439(1A) -- Bail - Notice to informant in an application for grant of bail to an accused involved in offences mentioned in S.439(1-A) Cr.P.C is obligatory - But law does not provide for issuance of notice to victim of an offence under POCSO Act at the time of consideration of bail application of accused, which High Court thinks is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354A, 452, 506, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Offence u/ss 354-A, 452, 506, IPC and u/s 8 of POCSO Act - Accused committed sexual assault upon a girl who is about 1/5th of his age, as accused is aged about 57 years whereas, victim is only 12 years of..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2), 3(1)(r)(s), 3(2)(va) -- Order rejecting anticipatory bail - Appeal thereagainst - Ingredients of offences under SC/ST Act attracted in view of S.18 of SC/ST Act - Appeal dismissed being not maintainable...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s), 3(2)(va), 18, Indian Penal Code, 1860, Section 341, 323, 324, 504, 427, 479, 34 -- Anticipatory bail - Offence u/ss 3(1)(r)(s), 3(2)(va) of SC/ST Act and Ss.341, 323, 324, 504, 427, 479, 34 IPC - Accused not only abused informant by..........
