Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 295A, 296, 323, 336 -- Quashing of FIR - Offence u/ss 295-A, 296, 323, 336 IPC - Stones, chili powder and dirty water thrown on a procession of persons of Muslim community - No evidence regarding involvement of petitioner in commission of crime available on record because petitioner is not named..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406 -- Anticipatory bail - Dismissal of application on ground of non-deposit of amount - Second application for anticipatory bail - Maintainability - Only allegation against petitioner is that he had not deposited the amount - Now, petitioner has deposited the amount with interest - In view of..........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Criminal conspiracy - Parties entered into compromise - Trial Court allowed parties to compound offence punishable u/ss 420, 419, 406 IPC but offence u/s 120-B IPC was not attested, as no compromise was filed before it, though offence is compoundable..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Simply because some of the co-accused are required to be arrested is no ground to deny the concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Guilt of accused can only be determined during trial - Even though challan has been filed but conclusion of trial is likely to take some time - Moreover, accused persons are behind bars for more than 4 months and their further..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Where finding recorded by trial Court, if found to be based on material on record and view taken by trial Court is justified although alternate view is also available, then view that favours accused is to be preferred by Appellate Court...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Petitioner though public servant working at the time of commission of offence but at the time of filing of charge sheet, he is not a public servant - Sanction for prosecution, not necessary...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(c), Indian Penal Code, 1860, Section 468, 471, 420, 409 -- Sanction for prosecution - Offence u/ss 13(1)(c) of P.C. Act and Ss.468, 471, 420, 409 IPC - Misappropriation caused by petitioner was not while discharging his official duty, but loss was caused to Government..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489B, 489C, 34 -- Bail - Counterfeit currency notes - Accused has no criminal antecedents and he is otherwise an Indian citizen - Question whether accused did have knowledge that notes could be counterfeit or otherwise would be borne out during course of trial, which fact cannot be deduced at this..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/s 21 of the NDPS Act and Ss.25, 27 of the Arms Act - Recovery of 260 gms of heroin along with a pistol .32 bore, two magazines with 10 live cartridges and one pistol .9 mm along with 6 live cartridges - 260 gms of..........
