Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Bail - Offence u/ss 15, 25 NDPS - Recovery of 54 kgs poppy husk - As per petitioner, alleged recovery is slightly more than the quantity prescribed for commercial category and said recovery has been made from both the accused persons that too from a car -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Opportunity to cross-examine PWs not availed by Amicus Curiae (appointed for defending accused), as a result of which it was closed by trial Court - Since legal aid provided by Amicus Curiae was not real and effective, as he denied to cross-examine PWs, therefore impugned order is passed on..........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - S.300 Cr.P.C bars trial of a person again not only for same offence but also for any other offence on same facts - It also applies to offence for which charges might have been framed at previous trial...........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Accused acquitted in previous offence - Incident in both trials i.e previous and second are same, based on same prosecution story and facts - Acquittal in previous case is in force - Second trial of accused for same offence in which he is acquitted is barred by S.300 Cr.P.C...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A -- Quashing of proceedings - Defence set up by accused cannot be made basis for quashing proceedings...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Negotiable Instruments Act, 1881, Section 138, Ranbir Penal Code, 1989, Section 420 -- Quashing of proceedings - Dishonour of cheque - Defendant filed petition for quashing on Retirement-cum-partnership deed - It is only a fact which may be required to be proved during course of trial, whose evidentiary value..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Enhancement of - No substance in the plea of wife that husband is getting Rs.35,000 pm from a Company he is employed and additional Rs.10,000 from agricultural land - Even, argument of wife that minimum wages of highly skilled worker in State of Rajasthan to which husband belongs in the year 2016 was 7,045..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Allegation by husband that wife is not capable of sexual intercourse - However, accused personally present in Court and admitted that during stay of 24 days, they had sexual relations - Accused thus, bluffed and misled Court by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Offence u/ss 363, 366-A, 34 IPC and S.6 POCSO Act - Prosecutrix was above 18 years of age when she was kidnapped by petitioner - Culpability of petitioner is yet to be established during trial - Moreover,..........
Criminal Procedure Code, 1973, Section 228, 464(2) -- Omission to frame charge u/s 302 IPC - Order of remand - Trial Court framed charge u/ss 498-A, 304-B, 201, 34 IPC - Deceased died due to Aluminum Phosphide poisoning - Said poison was found in blood and stomach of deceased - Trial Court acquitted accused u/s 304-B IPC on the ground that doctor PW12 deposed that Aluminum..........
