Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court in exercise of inherent power u/s 482 Cr.P.C is not expected to embark upon factual matrix because same is to be gone into during course of trial by trial Court...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 341, 392 -- Sanction for prosecution - Public servant - Police constable slapped complainant and his money was snatched - Said act of police officer cannot be considered to be an act done in official discharge of his duty - Police officer not entitled to protection u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 3(1)(vii) -- Anticipatory bail - Offence u/ss 3(1)(x), 3(1)(vii) SC & ST Act - Petitioner is working as subordinate to complainant and had given a complaint regarding sexual harassment on which inquiry has been ordered - Even, as per..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application u/s 311 Cr.P.C. was dismissed - Accused indeed got numerous opportunities to adduce defence evidence yet kept on neglecting to adduce defence evidence and praying for adjournments - This went on for an unduly long period and there has to be an..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Petitioner is joining and co-operating in investigation, he is not in a position to tamper with prosecution evidence nor in a position to flee from justice - Custodial interrogation of petitioner is not at all required by police - Co-accused is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1120 tablets - Commercial quantity - Investigation of case is complete and charge already framed - Petitioner is in custody since Jan 2019 - No PW examined till date and no explanation is forthcoming for such delay - It is not the case of..........
Criminal Procedure Code, 1973, Section 311 -- Re-examination of witness - Court may at any stage of inquiry, trial or other proceeding under the code re-call or re-examine any person already examined as witness if his/her evidence appears essential for just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Re-examination of Doctor/PW13 - Rape case - Blood samples of accused and victim was taken by PW13 - Blood samples were forwarded to FSL for DNA profiling - Vaginal swab of victim DNA matches with DNA profile obtained from blood sample on FTA card of accused - However, PW13 not examined at all qua this aspect of matter -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 115 grms of contraband containing alprazolam - Contraband recovered from accused is marginally above commercial quantity - Accused is not involved in any other case - He is in custody since more than 9 months and still investigation is not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 506, 148, 149, 120B -- Anticipatory bail - Offence u/ss 323, 452, 506, 148, 149, 120-B IPC - Injuries found on injured were in the nature of lacerated wounds, therefore it will certainly be debatable as to whether same were caused with sword, as alleged in the FIR - Petitioner have..........
