Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Improvements made while deposing before trial Court cannot form the basis for exercising extraordinary power u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Major contradiction in the roles of proposed accused as recorded in application/complaint and statement of petitioner/PW1 - These contradictions are creating a doubt for even making a prima facie case in favour of complainant - Application..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding merit whatsoever in the application u/s 319 Cr.P.C., more than prima facie case is to be established from evidence led before Court which is not necessarily to be tested on the anvil of cross-examination...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C ought not to be invoked in the absence of any credible material...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner was neither named in FIR nor charge-sheeted after investigation and was in fact declared innocent by investigating agency - Summoning of petitioner u/s 319 Cr.P.C. is based solely on an isolated and untested statement made by PW1 during examination-in-chief, without benefit of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of brown sugar - Bail - As per record, a commercial quantity of brown sugar was recovered from the petitioners - Petitioners failed to overcome the restriction provided u/s.37 NDPS Act - Therefore, interim bails granted in favour of petitioners stand..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of brown sugar - Default bail - Charge sheet filed without Chemical Examination Report - A chargesheet filed within time but without a Chemical Examination Report, does not entitles the accused from getting default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 173 -- Recovery of brown sugar - Charge sheet filed without Chemical Examination Report - Charge sheet without the chemical examination report does not make the investigation incomplete...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Husband despite service of notice and without valid reason did not appear - Court after taking into consideration entire facts and circumstances, passed the order for payment of interim maintenance - Impugned order not on higher side and is fair and reasonable - Maintenance..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating & Criminal breach of trust - Quashing of FIR - Non payment of sale price - Does not amount to cheating and criminal breach of trust - FIR quashed...........
