Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and demand of dowry - Quashing of charge-sheet - Applicant and his family members alleged to have demanded dowry after engagement - Applicant refused to solemnize marriage as their demand of dowry could not be met - Golden..........
Indian Penal Code, 1860, Section 409, 468, 471, Criminal Procedure Code, 1973, Section 439(1) - - Grant of bail - Notice to Public Prosecutor - Initial charge-sheet running into more than 268 pages - Prosecutor applied for remand of at least 2 days which was declined - Held, notice under proviso to 439 (1) implies a proper and full opportunity to prosecutor to point out as..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326 -- Bail - Grievous hurt - Grievous injury found on little finger of right hand of injured - Petitioner is behind the bars since 2.8.2013 and it will take sufficient time to conclude trial - Investigation is complete and charge sheet has already been submitted - Petitioner is neither required..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - It is only where there is absence of even a prima facie case that Judge would be justified in cancelling FIR, or quashing Charge sheet or declining the summoning of a third person u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Right to statutory bail - When can be claimed? - Held, right to statutory bail u/s.167(2) CrPC can be claimed by an accused only when investigating officer fails to conclude investigation within specified period - No step taken or not taken by Court creates right or keeps it alive - Once charge-sheet is submitted..........
Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Statutory bail - Charge-sheet submitted but cognizance not taken on or before date when accused refused bail and remanded to custody - Court directed further investigation in the matter - Second charge-sheet submitted by investigating officer because of order of Court directing further investigation and not because..........
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 304A, 337, 338 -- Offence u/ss 337, 338, 304-A IPC - Charge sheet filed after 16 and half years - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Charge sheet u/ss 304-A, 337, 338 filed after delay of almost sixteen and half years - Even charge sheet itself prepared after five and half years - Held, charge sheet was prepared after expiry of limitation period and cognizance taken after delay of 16 years is bad in law and liable to be quashed...........
Criminal Procedure Code, 1973, Section 216, 218, 228, 154 -- Addition of sections in charge-sheet - Case based on FIR lodged before police - Held, correct stage for addition or subtraction of sections will have to be determined at the time of framing of charge...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of - Procedure for - Held, prosecution must send entire relevant record to sanctioning authority including FIR, disclosure statements, statements of witnesses, recovery memos, draft charge-sheet and all other relevant material - Record so sent..........
