Criminal Procedure Code, 1973, Section 439 -- Delhi Excise Act, 2009, Ss.33, 38, 58, Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.37, 20, 21, 29 - Bail - Recovery of liquor, cash around Rs.4 lakh, Charas and morphine - Contraband recovered from co-accused as well as from car of petitioner, which was alleged to be parked at place of incident - Petitioner..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 27 -- Quashing of FIR - Offence u/ss 25, 27 of Arms Act - Prima facie it reflects that 32 bore pistol seized from possession of A-1 along with three live cartridge - Strong case found against A-1 and he received pistol from his friend A-2 and on basis of that statement A-2 was inducted as accused -..........
Criminal Procedure Code, 1973, Section 190, 2(d), Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Investigation of non cognizable offence and charge sheet filed of non cognizable offence - Charge sheet be treated as complaint - Order taking cognizance set aside - Trial Court to proceed in the case as a complaint case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Business dealing between parties - Case regarding dishonor of cheque u/s 138 of N.I. Act already filed - It is thus, just and expedient to release petitioner on bail - Anticipatory bail granted to petitioner...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Prosecutrix was forcibly violated by her uncle-in-law - She rushed to local Panchayat office in self same night but was turned away on plea that member were busy in meeting - Next day, prosecutrix went to police station but no complaint was received, as she was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 365, 285, 148, 149, 452, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner does not want to continue with petition after arguing for some time - Bail application dismissed as withdrawn - However, since the petitioner is in custody since June 2018 and only one PW out of..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering a case for discharge in exercise of power u/s 227 Cr.P.C, Court need not analyze or resort to examine the material evidence on record to conclude whether those material evidence would lead to a conviction or acquittal, as the case may be of accused in the criminal case...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - For considering an application for discharge based on materials made available by prosecution, a strong suspicion can be inferred to conclude that a prima facie case exists or not...........
Criminal Procedure Code, 1973, Section 227, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Discharge - Offence u/ss 3, 4 of PMLA - Several documentary evidence made available against accused in the form of confession statement of A-1, husband of accused as also confession statement of accused herself - Materials gathered by complainant against accused have to be..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Merits of case could not be considered while considering application for grant of default bail...........
