Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Recovery of 5 kg 10 gms Opium - Recovery effected from Truck - Accused `L' neither owner of truck nor police has collected any evidence to connect him with the recovery of contraband - Question as to whether he was working as conductor over truck and was..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 498A, 306 -- Discharge - Cruelty - Abetment of suicide - Death by burning - Deceased was immediately after having suffered burns, admitted to hospital - She herself stated before Medical Officer that she accidentally caught fire when she was carrying a can of kerosene oil to her kitchen for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 385, 464, 471, 472, 474, 120B -- Quashing of proceedings - Offence u/ss 363, 366, 385, 464, 471, 472, 474, 120-B IPC - Compromise arrived at between parties - Though offence in question are non-compoundable, but since compromise is arrived at between parties and complainant does not want..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Complaint filed by brother of sole proprietor of medical shop who was asked to vacate shop under directions of VC of petitioner/college - Allegations of destruction of medicines and other goods of shop by persons of college - Moreover, complaint not filed by sole proprietor to avoid liability to pay..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witnesses - Application u/s 311 Cr.P.C can be filed at any stage of trial even after final arguments but before pronouncement of judgment and mere delay is not decisive of question of summoning of witnesses...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Concurrent findings of two Courts can be interfered with only if decisions rendered by two Courts below can be said to be either perverse, arbitrary or capricious...........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Inherent powers of Court - Domestic violence - Right of appeal is provided u/s 29 of PWDV Act as well as alteration of orders at the instance of aggrieved party - Parties need to refrain from approaching High Court straightaway every time with aid of S.482 Cr.P.C..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Inherent powers of Court - Domestic violence - Mere issuance of notice, which cannot be equated with summons, when Magistrate is only dealing with its ministerial function, respondent cannot rush to Court by invoking inherent powers of Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Admittedly, it is after one month of occurrence, allegations have come about - Perusal of submissions and records including FIR, a debatable issue arises over applicability of offence u/s 306 IPC and which can only be adjudicated at the time of..........
