Criminal Procedure Code, 1973, Section 482 -- Concealment - Conduct of petitioner for indulging in subtle concealment, does not inspire any confidence so as to exercise any jurisdiction u/s 482 Cr.P.C. - Petition dismissed with costs of Rs.50,000/-...........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Non-registration of FIR by police - Remedy as to - Petitioner ought to have first approached trial Court u/s 156(3) Cr.P.C for redressal of his grievance regarding non-registration of FIR by police or any other competent officer as per S.36 Cr.P.C - However, even if thereafter, grievance is unmitigated, one can take..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in illegal mining - Vehicle if not confiscated under the relevant Act, can be released - Since vehicle is a truck and not tractor, same is released with enhanced security with directions...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A, 509, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Anticipatory bail - Offence u/ss 354-A, 509 IPC and S.12 POCSO - Victim is a girl who is stated to be less than 18 years - Accused initially did not cooperate with investigation and had absconded - Repeated allegations..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Decision of a Single Judge in a petition for anticipatory bail cannot be brought into question by way of a writ petition...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(v) -- Anticipatory bail - Offence u/s 3(i)(v) of SC/ST Act - Allegation that petitioner danced in tik-tok video with background song composed by deceased 40/45 years ago - However, how mere dancing on tune of a song and preparing a video..........
Criminal Procedure Code, 1973, Section 211, 228 -- Charge - Named or unnamed persons can be acted conjointly with one of charged accused and thereby charge would not be defective...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - There is no requirement under law to file questionnaire along with application for recalling witness...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376D, 307, 302, 394, 411, 120, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Recall of a witness for re-examination - Rape and murder - Recall of injured witness/PW5 and examination with regard to contents of his video clip - Statement of PW5 has been recorded and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Dispute has traits of a civil dispute - Complainant cannot allege cheating or criminal breach of trust against petitioner on basis of agreement to sell - In fact petitioner was never a party to said agreement to sell - Application held, allowed subject to..........
