Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 304B -- Anticipatory bail - Offence u/s 306 IPC - Admittedly, application for addition/alteration of charges has been moved and trial Court is yet to be decide as to fate of the application - However, it would sub-serve ends of justice if necessary directions are issued to trial Court that in..........
Criminal Procedure Code, 1973, Section 340 -- Application u/s 340 Cr.P.C - Filed in civil Court shall be registered as an interlocutory application - An appeal challenging orders of such Court is maintainable only in Court in which appeals against decrees or orders of such Court may be filed under provisions of Civil Courts Act - Order of Civil Appellate Court thus, cannot..........
Criminal Procedure Code, 1973, Section 340, 341 -- Application u/s 340 Cr.P.C - Dismissal of application filed in civil Court - Appeal challenging said order was rightly entertained as Civil Miscellaneous Appeal and thus governed by provisions of CPC - Failure of legal representatives of deceased appellant to get themselves impleaded in appeal resulted in its abatement...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 493, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of order taking cognizance - Offence u/ss 493, 506, 34 IPC and Ss.3, 4 of 1961 Act - First complaint lodged against petitioner dismissed - Second complaint filed in which factum of renegotiation of marriage between parents of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 of the Act - Petitioner not mentioned in FIR and he has been implicated on basis of disclosure statement made by co-accused - Earlier case under NDPS Act was there against the petitioner and that police official who was member of raiding..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Bail - Offence u/ss 21, 22 NDPS Act - Recovery of 40 grams of heroine and 250 grams of intoxicant powder - All witnesses are official witnesses and there is no possibility that petitioner may tamper with evidence or influence witnesses - Moreover, no..........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - Bail cannot be granted solely on the ground of long incarceration without looking to the merits of case and other factors, as it is not a good ground for bail in renewed plea - Second bail application rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354 -- Anticipatory bail - Offence u/s 354 IPC - Unmarried girl alleged that she used to receive unsolicited calls from mobile phone and sender used to harass her repeatedly - Though conduct of petitioner certainly is not appreciable having harassed an unmarried girl repeatedly, however, nothing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - From the record its appears that there are no particulars regarding existing liability as to how much money has been given and when it was given - There is nothing on record as to in whose presence and at which place loan..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Leave to appeal against acquittal - Complainant in his cross examination stated that he does not know as to for what purpose accused has taken money from him - Even, complainant has not shown loan paid by him to accused in his income tax..........
