Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, Indian Penal Code, 1860, Section 482 -- Anticipatory bail - Illegal gratification - Release of stolen vehicle - Complicity of accused in the context of knowledge about stolen vehicle and fake number plate on vehicle requires custodial interrogation, particularly when Inspector `J'..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 506, 188, 34, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Second application - Second application for anticipatory bail is maintainable when first anticipatory bail application was dismissed as withdrawn and same was not decided on merits - Petitioner already joined investigation..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Factum of death owing to accident in question deposed by PW1 and PW2 but they not cross-examined on this aspect by defence - It is thus, u, rebutted and uncontroverted and same is to be taken with intact evidence - Moreover, on basis of PWs as well as formal exhibits proved by I.O as well as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of FIR - Compromise - Rape - Complainant solemnized marriage with accused and she is residing with him as husband and wife at her matrimonial home - She does not want to proceed further with the case against accused and she has no objection if FIR lodged by her against accused is..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Compromise - Quashing of FIR - If alleged act can be segregated to mean that it was not in public view nor it was exhibited in public view with deadly weapon and if medical evidence is also based on opinion highlighting happening or non-happening of particular event then offence u/s 307 IPC, can be considered for..........
Indian Penal Code, 1860, Section 307, 323, 148, 149, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Attempt to murder - Parties have amicably settled their grievances - Chances of conviction of petitioners are very bleak - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 14F -- Bail - Recovery of huge quantity of narcotic - Commercial quantity - Recovery effected near fencing of Indian Border, adjoining enemy nation Pakistan - Bail refused...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of Negotiable Instruments Act and S.420 IPC - Dismissal of complaint on the ground that complainant is a money lender - Magistrate had not gone into merits of case as to whether necessary ingredients of S.138 of the Act were established or not -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 466, 467, 468, 218, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) -- Anticipatory bail - Offence u/ss 420, 406, 466, 467, 468, 218, 471, 120-B IPC and Ss.13(2), 13(1)(c), 13(1)(d) of P.C Act - Allegation against petitioners are uploading fake forms of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape of married woman - Prosecutrix is a married lady with two children from her marriage - DNA samples were not collected in the case - Petitioner is in custody since July 2019 and prosecutrix has already been examined coupled with fact that trial is not likely to be concluded in..........
