Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence under POCSO Act - Each case has to be addressed in the peculiar facts obtaining therein, and there cannot be an en bloc conclusion that quashment is wholly impermissible in cases involving POCSO offences...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Serious offences - Offences having a sexual overtone, like rape and a penetrative sexual assault etc., under POCSO Act cannot be terminated by quashing the same, acting only upon settlement between parties - It is indeed the offence against society and not a private issue between petitioner and defacto..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Involvement of proposed accused persons in the crime is established on record - Session judge formed a satisfaction higher than a prima facie satisfaction of alleged involvement of proposed accused and their complicity in the crime has to be examined and tested on evidence being led at the..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Summoning of accused - At the stage of taking cognizance and summoning accused, Magistrate dealing with matter is required to apply judicial mind only with a view to take cognizance of offence to find-out as to whether prima-facie case has been made out to summon accused or not - Court at this stage is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 324, 323, 326, 34 -- Anticipatory bail - Offence u/ss 324, 323, 326, 34 IPC - Appellant has co-operated with I.O. as and when called upon to do so - Custodial interrogation of appellant is no more required - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Appellant is in custody since 2022 - Trial of case is likely to take a long time - Without expressing any opinion on merits of the case, bail granted...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Respondents were named in FIR but they were not named in charge sheet as accused - After recording depositions of PW1 and PW2 which inspired confidence of trial Court, respondents were summoned to face trial u/s 319 Cr.P.C - Credibility of PW1 and PW2 cannot be gone into at this stage, as these..........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C - Delay on the part of I.O. in recording statements of crucial witnesses casts a cloud on the very veracity of their testimonies - Further, discrepancies in timelines brought out by them demonstrates in no uncertain terms that narratives of these witnesses are not free from suspicion and doubt...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Allegations by complainant that even much before her husband died, he used to be blackmailed by respondents - Even a week before her husband's death, her husband had been receiving continuous calls from respondents and whenever he received such calls,..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Single Judge while quashing proceedings u/s 420 IPC gave no reasons as to why material collected by investigating agency which has been placed before Single Judge was not sufficient to constitute an offence punishable u/s 420 IPC - Single Judge thus, acted in a..........
