Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 70(1), 77, 351(2), 69, 75(1), Information Technology Act, 2000, Section 67A -- Bail - Gang rape - Petitioner has been assigned the role of facilitating the participation of other persons who are accused in the case - There is no possible reason or explanation given by petitioner..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Respondents were named in FIR but they were not named in charge sheet as accused - After recording depositions of PW1 and PW2 which inspired confidence of trial Court, respondents were summoned to face trial u/s 319 Cr.P.C - Credibility of PW1 and PW2 cannot be gone into at this stage, as these..........
Evidence Act, 1872, Section 30 -- Confession of a co-accused - Confessional statements made by accused during interrogation can be considered or looked into to connect the other co-accused - Such disclosure statement of co-accused can certainly be taken into consideration for providing a lead in the investigation and even during trial it is admissible u/s 30 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Contraband involved consists of 13.288 kilograms of ganja, which is classified as non-commercial quantity - Specific allegations against petitioner were made by co-accused in their confessional..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), 75 -- Cancellation of bail and issuance of non bailable warrants due to inadvertent appearance of accused on one date - This amounts to an unjustifiable restriction on the procedural rights of the petitioner in the absence of any misconduct, lack of `bonafides', or a deliberate attempt to evade proceedings on his..........
Evidence Act, 1872, Section 25 -- Confession of co-accused before police - No other material to implicate petitioner in the crime - Proceedings against petitioner quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 179(1) -- Attendance of witness - Summoning to advocate - Power of police u/s 179(1) BNSS cannot be stretched to summon advocate appearing for accused to divulge communication exchanged with client - Summoning of advocate infringes right of client to legal representation and violates constitutional right of legal..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3) -- Issuance of notice - Notice to advocate - Police have no authority to issue notice u/s 35(3) BNSS to advocate of accused for purpose of investigation involving his client...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Instead of determining `whether or not there is sufficient ground for proceeding against accused', based on the material, it asked wrong question as to whether that would warrant a conviction - Order quashing proceedings set aside...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Mere high speed does not amount to any negligence on part of accused...........
