Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 18 NDPS Act - Cultivation of opium plants - Contraband found in opium plants fall in intermediate quantity - Rigors of S.37 of NDPS Act not applicable - Petitioner joining and co-operating in investigation - He is not in a position..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 452, 506, 323, 34 -- Bail - Rape - Victim was not alone in the house on the date of incident and her daughter-in-law was sleeping on ground floor - No hue and cries made by victim - Story put forth by victim is highly improbable, as medical evidence does not support prosecution case - Victim..........
Criminal Procedure Code, 1973, Section 482, 177, 178, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Lack of territorial jurisdiction - Allegation of thrashing and abusing and snatching her son - Offence said to be committed within area of place `G' - Veracity of this fact is to be seen by trial Court..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of charge sheet - Compromise - Kidnapping - Victim was major at the time of incident - Accused and victim solemnized marriage and they have two kids from their wedlock - Offence alleged against accused are of private in nature and have no serious impact on society - Compromise..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Cannot be dismissed in default but must be taken up and decided on merits even if appellant in person or counsel representing him is not present...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471 -- Quashing of proceedings - Compromise - Cheating - Family dispute between parties - Parties have arrived at a compromise - Wrong is of private and personal in nature have no impact on society - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - No material change in fact situation of second bail application except future physical condition of applicant - Jail authorities are taking due care medically and treatment is provided in different hospitals - Age of applicant is no ground to release accused on bail - Second bail application, rejected...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Chassis number mentioned in FIR tallies with chassis number mentioned in registration certificate - No other person claimed vehicle in question except petitioner - No fruitful purpose will be served if vehicle is kept at police station - Vehicle released in favour of petitioner...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 307, 509, 34 -- Bail during pendency of appeal - Offence u/ss 307, 509, 34 IPC - Appeal is registered in the year 2020 - Accused have already served out half of sentence - Court is ready to expedite appeal after receipt of case records - Application rejected...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Once it is admitted that marriage rituals were followed then it is not necessary to further probe into whether said rituals were complete as per Hindu rites or not...........
