Criminal Procedure Code, 1973, Section 319, 70 -- Summoning of additional accused - Issuance of arrest warrant - Prosecutrix in her statement u/ss 161, 164 Cr.P.C as well as in Court statement named accused and active role assigned to him - Order taking cognizance on application u/s 319 Cr.P.C is perfectly justified - However, arrest warrant issued against accused is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 109, 111, 460, 394, 397, 201, 411, 120B -- Interim bail - For attending the marriage of his daughter - Offence u/ss 302, 109, 111, 201, 120-B, 394, 397, 411, 460 IPC - Case before trial Court is fixed for recording of statements of prosecution witnesses - Therefore, petitioner directed to be..........
Criminal Procedure Code, 1973, Section 173(2) -- Re-investigation - At the instance of police or investigating agency cannot be ordered...........
Criminal Procedure Code, 1973, Section 190(1)(b) -- Cognizance of offence - Issuance of summons - Case based on police report - Magistrate not required to record any reasons at the stage of issuing summons to accused...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 477A -- Cognizance of offence - Issuance of summons - Cheating - Illegal transfer of huge money - Case based on police report - Police filed second supplementary charge sheet and along with it, number of materials like statement of witnesses, Bank statement of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 370, 370A, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5 -- Quashing of FIR - Offence of exploitation of trafficked person - Accused once allegedly found in the room by locking from inside with lady in compromising situation, clearly shows that victim trafficked engaged by him for some..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed u/s 6 of Specific Relief Act - Application for temporary injunction dismissed by Trial Court which was affirmed by first appellate Court - High Court set aside concurrent findings of Courts below, without dealing with any of aspects set out by first appellate Court and swayed by fact that..........
Criminal Procedure Code, 1973, Section 154, 482 -- Second FIR - Quashing of - Police submitted negative final report in earlier FIR - Course available to complainant was to file a protest petition before concerned Court rather than proceeding with another FIR on similar facts - Even negative final report was filed in second FIR - Permitting police to proceed with second..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 325, 143, 147, 149, Bombay Police Act, Section 135 -- Appeal against acquittal - Application for leave to appeal - Offence u/ss 323, 325, 143, 147, 149 and S.135 of Bombay Police Act - High Court while rejecting application for leave to appeal has stated that medical evidence did not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 2(iii), Criminal Procedure Code, 1973, Section 439 -- Recovery of Cannabis (hemp) ganja - Bail - Leaves which were seized by police from petitioners were not accompanied by tops - If leaves of cannabis plant do not fall within definition of cannabis (hemp), then possession thereof and sale are not..........
