Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b) -- Default bail - Application for extension of time for investigation - Detailed reasons given in application for extension of time for investigation - Mere infirmities in the form of an application does not entitle accused to benefit of a default bail when in..........
Criminal Procedure Code, 1973, Section 197, 239 -- Sanction for prosecution - Facts on record prima facie shows that sanction order was issued - Validity of sanction can be tested at the time of trial - Plea of defence also can be considered during trial - Discharge application rightly rejected...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - If charge on consideration is found not groundless, accused cannot be discharged...........
Criminal Procedure Code, 1973, Section 156(3), 199, Indian Penal Code, 1860, Section 500 -- Defamation - Magistrate cannot order registration of case u/s 156(3) Cr.P.C. as bar u/s 199 Cr.P.C. applies...........
Criminal Procedure Code, 1973, Section 330 -- Release of lunatic pending investigation - Accused released u/s 330 Cr.P.C only if he is of unsound mind and not fit to understand the Court proceedings, he is incapable of making his defence - However, facts relating to provision of S.330 Cr.P.C is not relevant with S.439 Cr.P.C - Therefore, mere fact that accused released on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 109, 111, 460, 394, 397, 201, 411, 120B -- Interim bail - For attending the marriage of his daughter - Offence u/ss 302, 109, 111, 201, 120-B, 394, 397, 411, 460 IPC - Case before trial Court is fixed for recording of statements of prosecution witnesses - Therefore, petitioner directed to be..........
Criminal Procedure Code, 1973, Section 456 -- Restoration of possession - No separate order directing restoration of possession required, when such order has already been passed while convicting the accused persons...........
Criminal Procedure Code, 1973, Section 456(2) -- Restoration of possession - Period of limitation - No period of limitation has been provided for higher Courts to make order for restoration of possession u/s 456(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 456 -- Restoration of possession - Limitation period of 30 days - Applies only if trial Court has not passed any order in respect of the case property while convicting the accused...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal complaint - Criminal complaints cannot be quashed only on ground that allegations made therein appear to be of civil nature...........
