Criminal Procedure Code, 1973, Section 438, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 7(c) -- Anticipatory bail - Offence under 2019 Act - Allegation against mother-in-law - Primary allegation pressed in aid to deny bail is pronouncement of Triple Talaq by husband - Offence under the Act is by Muslim man who had pronounced talaq upon wife and not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Specific allegation of putting nude pictures of informant on whatsapp - Merely because petitioner is husband of informant, does not constitute a valid ground to quash FIR...........
Criminal Procedure Code, 1973, Section 41, 482 -- Interference with investigation or order staying arrest - No interference with investigation or order staying arrest unless cognizable offence is not ex-facie discernible from allegations contained in FIR or there is any statutory restriction operating on power of police to investigate a case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - Case of no injury - Accused is in custody since 1.7.2020 - Even, accused is not attributed gunshot fire - Trial of case would take time to conclude - No useful purpose would be served by keeping accused behind bars - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 341, 342, 352, 324, 379, 307, 34 -- Discharge - Offence u/ss 341, 342, 352, 324, 379, 307, 34 IPC - Accused struck an axe blow on head of deceased - Allegation of snatching of gold chain of informant and deceased is also made - Merely because accused has filed two criminal cases against..........
Criminal Procedure Code, 1973, Section 362 -- Recall of judgment or order - Bar u/s 362 Cr.P.C - No judgment or order can be altered, reviewed or recalled in view of bar u/s 362 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Application seeking direction to Special Judge to expedite and conclude trial - Application by third party - Locus standi - Respondent being third party to proceedings has no locus to file an application u/s 482 Cr.P.C asking Court to expedite hearing in criminal trial - Application dismissed being not maintainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Proclaimed offender - Accused while on bail, absented twice earlier and he was declared proclaimed person - Accused again misused the concession of bail by not appearing in Court - Petitioner does not deserve grant of anticipatory bail - Accused directed to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366A, 354A, 354C, 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6, 7, 8, 16, 17 -- Quashing of proceedings - Compromise - Kidnapping and rape - Allegations of offence u/ss 5, 6, 7, 8, 16, 17 of POCSO Act is in the form in category of heinous offences - Consent of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1000 Tramadol tablets - Recovery from licensed chemist - Does not confer any immunity upon him in case his possession is found to be under dubious circumstances suggesting it to be a case of misuse of drugs for a purpose other than therapeutic..........
