Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of intoxicant powder - Search was not conducted in presence of either Gazetted Officer or Magistrate - No independent officer was joined at the time of alleged recovery - Alleged intoxicating powder which was recovered from petitioner, as per FSL..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 323, 307, 506, 467, 468, 471, 201, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 148, 149, 323, 307, 506, 467, 468, 471, 201, 120-B IPC and Ss.25, 27 Arms Act - Admittedly, it is a case of version and cross-version and petitioner himself is injured - `L' who is accused in..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of FIR - Offences u/ss 13(2), 13(1)(d) PC Act and Ss.420, 120-B IPC - There are no allegations of criminal conspiracy rather it a case of civil nature and in case, violations are there of any sort, the same could be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 506, 120B, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Offences u/ss 363, 366-A, 376, 506, 120-B IPC and Ss.3, 4 POCSO Act - Perusal of FIR does not depict any role to petitioner in commission of offence - Petitioner is behind bars and that..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C - When defence of accused is proved by virtue of admissions elicited in evidence of PWs, accused need not have to mention in his statement u/s 313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 148, 149 -- Anticipatory bail - Offence u/ss 323, 324, 326, 148, 149 IPC - It is a case of version and cross-version and the only alleged injury attributed to petitioner is on non-vital part - Even, prosecution could not convince acceptability of medical evidence which supports..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 202 -- `Impotent person' - Use of such words in pleadings constitute offence of defamation though such words used with the words `and the child was born by medical ovulation period technique as was suggested by the gynecologist' - Use of such words in a different sense can be proved during..........
Indian Penal Code, 1860, Section 506, Criminal Procedure Code, 1973, Section 202 -- Threat to damage or injure reputation - Allegation supported by material on record - Make out case for proceeding further in the matter u/s 506 IPC...........
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...........
