Indian Penal Code, 1860, Section 376, 406, 506, 120B, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Relationship interse parties from 2014 till application was given in the year 2019 - Parties also travelled out of station to various places - Accused already undergone 5 months and 10 days imprisonment as per custody certificate and it is not a case where..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Specific allegation against petitioner is that she used to unnecessary interfere in the relationship of deceased and his wife, as a result of which deceased was under great mental pressure - Petitioner along with co-accused used to call deceased..........
Criminal Procedure Code, 1973, Section 195(1)(a) -- Complaint - Public servant who is affected or offended by wrongful acts enumerated therein alone could make complaints in writing to initiate prosecution - Such public servant affected by wrongs cannot delegate or assign his function to anybody else except to some other public servant who is administratively subordinate..........
Criminal Procedure Code, 1973, Section 195(1)(a) -- Complaint - Offence u/s 182 IPC - Public servant who prosecutes a person accused of offence punishable u/s 182 IPC, has to be regarded as acting only in discharging of his official duties...........
Criminal Procedure Code, 1973, Section 200 -- Complaint by public servant - Examination of public servant - If Magistrate has reason to believe that even a public servant acting in discharge of his official duties should be examined in a particular case to guard against false implication and prosecution of innocent persons, he has every power to direct examination of..........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C - Magistrate entertaining complaints against accused residing at places beyond area in which they exercise jurisdiction, are bound to conduct an enquiry u/s 202 Cr.P.C...........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Cognizance can be taken in accordance with S.195(1)(a)(i) Cr.P.C. - Complaint has to be filed by the concerned public servant to jurisdictional Magistrate for taking cognizance of the offence u/s 188 IPC - Trial on the basis of police report and charge sheet filed subsequent thereto by State police - Absolutely..........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Certificate requisite u/s 65-B(4) of the Act - Where requisite certificate is applied for from person or authority concerned and person or authority either refuses to give such certificate or does not reply to such demand, party asking for such certificate can apply to Court for its production under provisions of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Person sitting in another country cannot file an application u/s 438 Cr.P.C, before High Court apprehending arrest...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Can be granted only by the Court trying the subsequent offence...........
