Criminal Procedure Code, 1973, Section 202, 482, 397 -- Issuance of process - Challenge thereto - Two remedies are available - One remedy is available u/s 397 Cr.P.C. and other u/s 482 Cr.P.C. - Accused chosen the remedy available u/s 482 Cr.P.C. - Petition u/s 482 Cr.P.C. is maintainable...........
Criminal Procedure Code, 1973, Section 436 -- Bail - Bailable offence - No condition can be imposed while granting bail in bailable offence, as same would amount to curtailing statutory right u/s 436 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 436 -- Bail - Dishonour of cheque - Amount of default does not make a bailable offence into no, bailable, as principles governing grant of bail will not change depending upon cheque amount...........
Criminal Procedure Code, 1973, Section 436, 482 -- Inherent jurisdiction of High Court - Invocation against imposition of conditions while granting bail in bailable offence - Application for modification of conditions imposed while granting bail was rejected by Court below - Petition u/s 482 Cr.P.C filed challenging the same - It cannot be said that inherent jurisdiction..........
Criminal Procedure Code, 1973, Section 436 -- Bail - Bailable offence - Even in a bailable offence, on being summoned, accused must immediately put in appearance and seek bail - Only thereafter accused may seek exemption from personal appearance in case circumstances so warrant...........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder case - Merely because accused booked u/s 498-A IPC during parole period and was kept in jail for 18 days and later on released as police found him to be innocent, is no ground to decline premature release to petitioner from jail, as offence u/s 498-A IPC is a domestic dispute within family...........
Criminal Procedure Code, 1973, Section 190, 202 -- Cognizance of offence - Police submitted final report in negative form - Magistrate at the stage of taking cognizance of offence, having taken police report into consideration and preliminary evidence led by complainant, has to apply his mind and is not bound to state reasons as to why he is differing with police report -..........
Criminal Procedure Code, 1973, Section 482 -- Permission to go abroad - Under the garb of pendency of FIR, movements of petitioner who is a businessman, should not be curtailed/restricted when investigation is pending since long...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - On basis of examination of witnesses by police u/s 161 Cr.P.C. - Statement u/s 161 Cr.P.C. cannot be considered as a piece of evidence for summoning additional accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prima facie allegations bear out that prosecutrix who admittedly is a married grown up lady had been carrying on this relationship for a long period of time and kept silent for quite some time is itself suggestive consensual relationship and submitting to desires of accused -..........
