Criminal Procedure Code, 1973, Section 190, 202 -- Complaint - Mere statement in order that he has gone through complaint, document and heard complainant will not be sufficient - What weighted with Magistrate to order investigation or to take cognizance should be reflected in the order, although a detailed expression of his view is neither required nor warranted...........
Criminal Procedure Code, 1973, Section 190, 202 -- Complaint case - Where complainant is in possession of complete details of all accused and witnesses who have to be examined and neither recovery is needed nor any such material evidence is required to be collected which can be done by police no `investigation' would normally be required and procedure of complaint case..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 202, 34 -- Interim bail - For surgery of daughter - Application filed by accused solely for purpose of coming out of custody - Mother of accused has four sons who can assist and attend to daughter of accused for concerned surgery and wife of accused is there to look after minor daughter..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once an application u/s 167(2) Cr.P.C. is filed after expiry of stipulated time limit, it is duty of Court to release him on bail forthwith without any unnecessary delay - Filing of a charge sheet subsequent to expiry of stipulated time limit for investigation would not defeat right of accused to default bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Rejection of bail application by Sessions Court does not operate as a bar for High Court in entertaining a similar application u/s 439 Cr.P.C on same facts and for same offence...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of anticipatory bail - Dowry death - Cruelty - FIR contains recital of allegation bearing on role of accused in demanding dowry, of prior incident of assault, payment of moneys by cheque to in-laws of deceased..........
Criminal Procedure Code, 1973, Section 438, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 7(c) -- Anticipatory bail - Bar contained u/s 7(c) of 2019 Act - There is no bar on granting anticipatory bail for an offence committed under 2019 Act, provided competent Court hears married Muslim woman who has made complaint before granting anticipatory bail...........
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...........
