Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail - Dowry death - Cruelty - Exorbitant demands - Claim for demand not supported by any material evidence - Deceased not coping with stress relating to the examinations and the results - Vivid description as to how deceased had a "loving, caring, hot and handsome husband" - Bail..........
Criminal Procedure Code, 1973, Section 167 -- Police remand of an accused who is on anticipatory bail - Accused trying to avoid his interrogation - Accused not co-operating with the investigation - Presence of accused necessary for further investigation into the matter - Accused to appear before I.O. for the purpose of interrogation and in case interrogation is not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 204, 328, 384, 506 -- Bail - Offence u/ss 376(2)(n), 204, 328, 384, 506 IPC - Variation in FIR version and statement recorded u/s 164 Cr.P.C., therefore culpability of petitioner yet to be established during course of trial - Bail granted...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Defence of accused not to be looked into at the stage when accused seeks to be discharged u/s 227 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Principle established u/s 227 Cr.P.C is to take materials produced by prosecution, both in the form of oral statements and also documentary material and act upon it without it being subjected to questioning through cross-examination and everything assumed in favour of prosecution - If a scenario emerges where no..........
Criminal Procedure Code, 1973, Section 311 -- Re-examination of PW3 by way of further cross-examination - Application demonstrates that it is intended only for obtaining death certificate of husband and father-in-law of PW3 - Cross-examination of PW3 for which application u/s 311 Cr.P.C is moved was completed and during cross-examination their testimony could not be..........
Indian Penal Code, 1860, Section 427, 148, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 427, 148 IPC - Compromise - Matter is compromised between parties - Even otherwise, evidence adduced by prosecution that accused had caused damage to jeep is not very convincing or reliable - Six persons armed with dangerous weapons, one of them having a 12 bore DBBL gun..........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Criminal complaint dismissed by holding it not fit even for summoning - Order upheld by Revisional Court - FIR on same subject matter amounts to double jeopardy - FIR quashed...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Father of prosecutrix prior to lodging FIR lodged complaint with SDM in which allegation of rape was not made by him - He stated in said complaint that since accused refused to marry his daughter, life of her daughter is spoiled - Prosecutrix was 26 years old..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 379, 420, 411, 472, 473, 148, 149, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 307, 392, 379, 420, 411, 472, 473, 148, 149 IPC and S.25 Arms Act - Case of no injury - Police officials who constituted raiding party have not suffered any injury whatsoever despite alleged..........
