Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence in an appeal - There should be strong compelling reasons for grant of bail, notwithstanding an order of conviction by suspension of sentence and such strong and compelling reasons must be recorded in the order granting bail...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of a witness - Summoning of a new witness whose name does not appear in array of witnesses cited by prosecution and whose statement has not been tested during investigation, at an advanced stage of trial, when most of prosecution evidence had already been led and matter was proceeding towards conclusion, would disrupt..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner has already suffered incarceration of 1 year 29 days and is a person of clean antecedents - Recovery of contraband effected is marginally over and above the commercial quantity - Similarly situated co-accused has already been..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Act of company creating/establishing shell companies and circulating monetary transactions through these companies itself was an indicator of an intention of deceit - High Court committed error by quashing proceedings on the premise that there were..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against relatives of husband - Supreme Court in Geeta Mehrotra & Anr. vs. State of Uttar Pradesh & Anr. 2013(1) Criminal Court Cases 031 (S.C.) and Dara Lakshmi Narayana & Ors. vs. State of Telangana & Anr. 2024 INSC 953 : 2024(12) SCR 559, has deprecated practice of..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against relatives of husband - Omnibus and general allegations levelled against appellants - Appellants and complainant are residing separately - There is no specific date as to when appellants visited place where complainant is residing and joined accused Nos.1 to 3..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 418, 467, 468, 197 -- Quashing of proceedings - Cheating - Appellant had no role to play in the transaction leading to FIR as he was not a signatory to sale certificate - Since appellant was neither authorized officer at the relevant time nor responsible for auction process or issuance..........
Criminal Procedure Code, 1973, Section 91 -- Production of order refusing sanction for prosecution - Petitioner has no right to seek a direction for production of such an order u/s 91 Cr.P.C - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 362 -- Review - High Court in its first Judgment confirmed conviction u/s 302 IPC - However, High Court in the correction application modified the first judgment and came to a finding that incident appeared to be a result of a sudden provocation and occurred in the heat of a moment and therefore converted the conviction from S.302 IPC..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Order of Magistrate taking cognizance cannot be faulted only because it was not a reasoned order...........
