Criminal Procedure Code, 1973, Section 439 -- Bail - Mere fact that accused found innocent in supplementary report filed u/s 173(8) Cr.P.C, charge sheet filed u/s 173(2) Cr.P.C cannot be wiped off, particularly when reports are pending consideration before respective trial Courts - Considering seriousness of offences, fact that specific allegations have been levelled..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 354A, 323, 506 -- Anticipatory bail - Granted with conditions - Offence u/ss 452, 354-A, 323, 506 IPC - Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate - Granting bail, subject to said condition renders Courts susceptible to charge of..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Arms Act, 1959, Section 3, 25, 30, Unlawful Activities (Prevention) Act, 1967, Section 18 -- Default bail - Charge sheet filed for offence under IPC and Arms Act - Second charge sheet for offence under UAPA filed after two days of filing application by accused u/s 167..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because charge sheet is filed is no ground to release accused on bail...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cancellation of bail - Cheating - Allegation against accused are very serious of tampering and/or manipulating Court record and accused has taken benefit of such forged manipulated Court order in another case - Charge sheet is filed against accused and even charges..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 323, 324, 326, 341, 149 IPC - Injured eye witness who was the first informant, disclosed the names of private respondents and specifically named them in the FIR - But on the basis of some enquiry by DSP they were not charge sheeted - However, it is not that I.O did not find case..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix was voluntarily in physical relation with accused and said relationship was known to others also - There is no evidence that accused was in physical relation with prosecutrix with intend to defraud her - Subsequent conduct of non-solemnization of marriage with prosecutrix, cannot be termed as fraudulent act on the..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Quashing of proceedings - Complaint/FIR/charge sheet disclosing commission of offence - Simply because there is remedy provided for breach of contract or arbitral proceedings initiated at the instance of appellant, that does not by itself clothe the Court to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - To exercise power u/s 482 Cr.P.C, complaint in its entirety has to be examined on the basis of allegations made in complaint/FIR/charge sheet - High Court at that stage is not under an obligation to go into matter or examine its correctness - Whatever appears on the face of complaint/FIR/charge-sheet..........
