Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - - Bail - Recovery of 600 capsules of parvorinspas and 2000 tablets of digifresh 0.6 and 1000 triesr tablets - As petitioner was a pillion rider on motorcycle so it is seriously debatable as to whether petitioner was having conscious possession of contraband which..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Petitioner is the mother-in-law and is in custody since 2018 - Trial in the case will take sufficient long time as no prosecution witness has been examined so far, hence, bail granted...........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - Case to be restored to its number as if order quashing FIR had not been passed - High Court on one hand restored the case and on the other hand, dismissed the case - This approach of High Court thus, not legal and to that extent order of High Court set aside...........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - Having regard to facts alleged and grounds taken therein, recall orders cannot be faulted with - No good ground to interfere in order recalling of petitions - Criminal Petitions thus, restored - High Court to decide these three cases on merits in accordance with law...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - In order to attract rigor of S.197 Cr.P.C, it is necessary that offence alleged against a Government Officer must have some nexus or/and relation with discharge of his official duties as a Government Officer - In the instant case alleged offences committed while not discharging official duties or..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Complaint - High Court while hearing application u/s 482 Cr.P.C had no jurisdiction to appreciate statement of witnesses and record a finding that there are inconsistencies in their statements and therefore, there was no prima facie case made out against accused - This could be done only in trial while deciding..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Court takes cognizance of an offence and not an offender - Cognizance can be taken only once and Court is not required to take cognizance against each and every offender...........
Criminal Procedure Code, 1973, Section 155, 156, 157 -- Investigation - Police can investigate a no, cognizable offence along with cognizable offence and can file charge sheet even for an offence of which cognizance can be taken by Court only on complaint of an aggrieved person or competent authority...........
Criminal Procedure Code, 1973, Section 2(d) -- Complaint - Police charge sheet can be treated as a compliant and police officer can be treated as complainant...........
Criminal Procedure Code, 1973, Section 482, Notaries Public Act, 1952, Section 13 -- Quashing of charge sheet - Merely because I.O was not competent to investigate the matter in view of S.13 of Notaries Act and to file charge sheet, even then, charge sheet cannot be quashed only on this ground...........
