Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Cheating - As per wife, husband fraudulently took her signatures on divorce deed - Rather, compromise was effected between the parties and suit was withdrawn by husband which shows that they are residing happily - Hence, it cannot be said that husband has deceived..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - For purpose of identification of weapon and motor cycle used by accused for commission of offence - Oral request was made before Court below by National Investigating Agency, as same was not readily available leads to inference that prosecution has not waived its right to show material objects to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 148, 149, 506, 326 -- Bail - Offence u/ss 307, 148, 149, 506, 326 IPC - Total 11 prosecution witnesses are there and injured and complainant have been examined therefore, trial may take long time to conclude - Considering custody of petitioner which is more than one year and four months, bail..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 120B -- Cancellation of bail - Cheating - Additional Sessions Judge cancelled interim bail granted to accused who was declared P.O. - High Court cancelled the said order without giving any notice to complainant and without giving any reason to interface with order of Additional..........
Criminal Procedure Code, 1973, Section 154, 161 -- FIR - FIR was lodged on the basis of report lodged by PW16 with SHO - Any subsequent report submitted by PW16 could be at best treated to be a statement u/s 161 Cr.P.C and could not be admitted in evidence by marking exhibit thereupon...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation - Offence u/s 376 IPC and S.10(3) SC & ST Act - It is apparent that all is not well with investigations and there is strong element of suspicion lurking before Court that there is all out effort to stifle due process of law for politically motivated cause to attain sinister design - Thus, it would be..........
Criminal Procedure Code, 1973, Section 378(1) -- Appeal against acquittal - If view taken by trial Court is plausible view, High Court is not justifiable in reversal merely because a different view is possible...........
Criminal Procedure Code, 1973, Section 251, Indian Penal Code, 1860, Section 279, 304A -- Framing of notice u/s 251 Cr.P.C - Fatal accident - Rash and negligent driving - Prima facie there is evidence on record from the report of FSL on mechanical inspection and crime scene report that car of accused overtook motorcycle of deceased on a high velocity thereby causing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 50, Criminal Procedure Code, 1973, Section 389 - - Appellant 75 years of age and is 100% visually impaired - Appeal already admitted - No likelihood of appeal being taken up for final disposal shortly - Without commenting on merits of the case and keeping in view the totality of facts and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 498A, 420, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Offence u/ss 376, 498-A, 420, 323, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Single Judge dismissed application for quashing without appreciating even factual matrix of case - Single Judge ought..........
