Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Condition to co-operate with investigation of case - Not necessary to specifically state in the order granting bail, as where anticipatory bail is granted to a person by Court in exercise of its judicial discretion, there is an implied condition imposed on such person that he shall cooperate with..........
Criminal Procedure Code, 1973, Section 438, 91(1) -- Anticipatory bail - Non-production of an article by accused pursuant to notice issued to him by I.O u/s 91(1) Cr.P.C - Does not amount to not co-operating with investigation of case, as if an accused does not produce article before I.O., search of it can be conducted and it may be seized by police - Order cancelling..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Complainant called for investigation - Complainant taken into custody and police officials brutally beat them at the police station when they were in lock up - Injuries caused by accused cannot be justified and cannot be said to have been inflicted while acting or purporting to act in discharge of..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - There has to be coherent nexus between the act complained and the duty of the public servant - Only those acts or omissions done by a public servant in discharge of its official duty having direct nexus with his official duty are protected which acts are done bona fidely - There has to be a reasonable..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 420, 120B -- Anticipatory bail - Bigamy - Cheating - Criminal conspiracy - Second marriage by husband during subsistence of his first marriage - Although husband stated that he had made complainant/wife and other members of her family fully aware about his marital status and that complainant..........
Criminal Procedure Code, 1973, Section 73 -- Non-bailable arrest warrant - Petitioners not cooperating with investigation and avoiding to appear before I.O intentionally - Police successively raided their premises - Involvement of petitioners in commission of crime shown as per statement of victim - It was thus, necessary to effectuate their arrest and in doing so I.O..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - As per I.O. said accused was not present at the place of occurrence at the time of incident - Additional accused summoned without considering evidence collected by I.O. - Order summoning additional accused set aside - Matter remitted for decision..........
Indian Penal Code, 1860, Section 376, 380, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Marriage between accused and prosecutrix - Even if parties settled their matter and have entered into a matrimonial alliance, offence in question cannot be quashed in exercise of power vested in Court u/s 482 Cr.P.C - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Detailed and lengthy order not required when Court is of the opinion that prima facie ground for proceeding against accused - However, detailed order is required to be passed when Court comes to conclusion different than one that investigating agency has reached...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Application of mind is sine quo non at the stage of framing of charge...........
