Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 188, 34 -- Bail - Offence u/ss 323, 324, 326, 188, 34 IPC - Co-accused already granted bail - Disputed question as to who caused grievous injury with sharp edged weapon on left arm of injured, arises in the case - Keeping in view of facts and circumstances of case, nature of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 326, 341, 506 -- Bail - Double murder case - Specific allegations against accused are on record - Serious offence of double murder has taken place motivated by previous enmity on account of party politics, leading to death of both the sons of complainant - Order granting bail set..........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 -- Charge - Alteration - Court can alter and rectify the charges - The only controlling objective while deciding on alteration is whether new charge would cause prejudice to accused, say if he were to be taken by surprise or if the belated change would affect his..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Anticipatory bail - Offence u/ss 409, 467, 468, 471 IPC - Petitioner joined investigation and is not required for any further investigation - Held, without commenting on merits of case, interim bail granted to accused is made absolute - Anticipatory bail granted to..........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, Indian Penal Code, 1860, Section 307, 149, 34 -- Attempt to murder - Alteration of charges u/s.149 to S.34 IPC - Each accused individually attacked complainant with deadly objects with common intention of killing injured i.e. informant - Since attack was pre-planned..........
Criminal Procedure Code, 1973, Section 482, Wild Life (Protection) Act, 1972, Section 2, 9, 39A, 49A, 51 -- Quashing of proceedings - Seizure of turtle - Turtle seized does not find mention in Sch.I, Part II of the Wild Life Act and turtle have already been freed on second day of its seizure - Proceedings rightly quashed...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Magistrate is not bound by final report submitted by I.O, as he can have his own opinion and proceed accordingly...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cognizance of offence - Cheating - Magistrate carefully examined material and evidence collected during investigation which are part of case diary and after prima facie satisfaction had rejected final report and taken cognizance u/s 190(1)(b) Cr.P.C - No infirmity in..........
Criminal Procedure Code, 1973, Section 107 -- Notice u/s 107 Cr.P.C - Notice should clearly disclose material indicating satisfaction of Magistrate or same should be accompanied by police report and other material being relied upon by Magistrate at the time of issuing of notice - Impugned notice set aside as it is missing of such conditions...........
Criminal Procedure Code, 1973, Section 107 -- Notice u/s 107 Cr.P.C - Issued on a printed proforma - Notice issued without any application of mind and does not confirm to statutory provisions as either clearly disclosing the material indicating satisfaction of Magistrate or accompanied by police report and other material being relied upon by Magistrate at the time of..........
