Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Applicant was I.O of case registered u/ss 354, 506, 504 IPC - Deceased was already reeling under immense mental and psychological stress by conduct of her class mates and only ray of hope was with police officials who too tried to settle down the matter instead..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge Court is required to evaluate material and documents on record with a view of finding out if facts emerging therefrom, taken at their face value, disclose existence of all ingredients constituting the alleged offence - Court is not expected to go deep into probative value of..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 120B -- Framing of charge - Offence u/ss 302, 120-B IPC - Police filed challan against petitioner along with other accused - Evidence on record particularly call details shows that petitioner was having illicit relation with co-accused and on the date of incident petitioner and co-accused had..........
Criminal Procedure Code, 1973, Section 323, Arms Act, 1959, Section 7, 27 -- Committal of case to Sessions Court - Offence u/ss 7, 27 of Arms Act - PWs gave different versions about arm recovered from accused - Evidence given by police officer cannot be given credence to infer that arm recovered from accused was in the category of prohibited arm - Essential ingredients of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape on pretext of marriage - Live-i, relationship between parties - Petitioner never promised prosecutrix that he will marry her - He never made any obscene video of prosecutrix with him nor had ever threatened her - Prosecutrix has stated in FIR that petitioner forced..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Provision of S.37 of the Act overrides the provision of bail u/s 439 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 59 gms of buprenorphine - Recovery effected from accused falls within commercial quantity of contraband - Provision of S.37 of the Act comes into play - Although accused intends to take shelter of R.66(2) of Rules, but he has taken a..........
Criminal Procedure Code, 1973, Section 482, 389 -- Recall of order - Accused seeking bail pending appeal - Appeal dismissed by entering into merits of case - Right of accused prejudiced - Impugned order recalled in exercise of inherent powers of Court u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Complaint inspired by malice and version contained therein full of high improbabilities - Continuation of proceedings on that basis is likely to result in abuse of process of Court - Entire proceedings of complaint in question..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against family members of husband - Applicants not lived with complainant - Husband of complainant not made accused - Change of version between version given in police station and version given out in complaint is..........
