Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Rejection of - Trial Court while disposing application has not recorded its categorical finding as to whether presence of witness is essential for due disposal of trial or not - Merely giving finding that prosecution is trying to fill up lacuna, does not absolve trial Court from its responsibility as..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37(1)(b) -- Bail - Offence u/s 22 of NDPS Act - Recovery of 51 strips of tramadol hydrochloride parvori, spas - Recovery of contraband made from co-accused - Whether petitioner was in conscious possession of contraband recovered from co-accused and the fact that he..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 405, 420, 120B -- Quashing of FIR - Offence u/ss 405, 420, 120-B IPC - Nothing attributed against petitioner in FIR by complainant - FSL report shows that standard signatures of petitioner does not tally with signatures on LSR - Even, nothing on record to show that Bank had paid any legal..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Final report filed within time - As investigation entrusted to CBI as such final report set aside - Held, once investigation agency files charge sheet within prescribed period, right of accused to get default bail ceases...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused is released on bail u/s 167(2) Cr.P.C, he cannot be re-arrested by cancelling bail, merely on filing of charge sheet...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within time - Charge sheet set aside as investigation entrusted to CBI - Order to entrust investigation to CBI passed by single Judge of High Court challenged and appeal there against pending before Division Bench - Held, non existence of charge sheet against accused during interregnum does..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Wife strangulated to death in the privacy of her house - Appellant and deceased were the only occupants of the house, where dead body was found - Onus shifts to appellant to offer a plausible explanation regarding the manner in which deceased died - Rather than offering a plausible explanation,..........
Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Prosecutrix herself assisted accused and his family in planning for accused's marriage and had gone along with him to purchase Sherwani and Pagri for his marriage - Besides, prosecutrix was duly invited in marriage ceremony of accused and she had made willful gesture of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 10,000 tablets of tramadol hydrochloride - Debatable question arises in the case as to whether petitioner was picked from his shop in the morning or as to whether he was arrested later in the day from a different place while in possession of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned only on basis of examination-in-chief of witness and need not wait for cross-examination etc...........
