Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 216, 482 -- Abetment of suicide - Quashing of order of alteration/addition of charge from S.498-A IPC to 498-A, 306 IPC - No averment in complaint or evidence of PW1 to PW3 showed that petitioner played active role in either instigating or intentionally aiding deceased to commit suicide - Order of..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Alteration or addition of charge must be for offence that is made out by evidence recorded during trial...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Though power u/s 216 Cr.P.C to alter or add existing charge is very wide, to exercise said power, there must be some material existing before Court which has some connection or link with charge sought to be added...........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Quashing of FIR - Obnoxious allegations were levelled against petitioners in FIR - Allegations that petitioners without knowledge of victim clicked her pictures and videos and thereafter threatened to circulate the same unless she would agree for..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant suffered custody of 11 years and about 5 months of awarded sentence of 12 years of R.I. - There is no hope of appeal coming up for final hearing in near future - However, considering the fact that appellant had several antecedents in some of which he was acquitted and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - Objections to the effect that property does not belong to accused can also be raised within six months from the date of such attachment - However, it does not bar raising of objection prior to attachment...........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - If a third party raises an objection prior to attachment of property, Court has to decide the same and if Court comes to conclusion that property does not belong to accused, Court can pass an order, either declining to attach property or withdraw attachment order...........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528), Protection of Women from Domestic Violence Act, 2005, S.12 - Quashing of application filed u/S. 12 of DV Act - HC can quash the proceedings initiated from the application filed u/s12(1) DV Act only in cases of gross illegality or gross injustice...........
