Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in offence under SC/ST Act - Exclusion of S.438 Cr.P.C. applies when a prima facie case of commission of offence under the Act is made out - On the other hand, if it can be shown that allegations are prima facie motivated..........
Constitution of India, 1950, Article 32 -- Writ petition - Habeas corpus - Petitioner in custody even when he is granted bail in all other cases - An application not to release petitioner is not maintainable under any provision of Code of Criminal Procedure - Petitioner be released forthwith...........
Criminal Procedure Code, 1973, Section 482, Official, Official Secrets Act, 1923, Section 3(1)(c), 5(1)(c), 5(1), 5(4), Indian Penal Code, 1860, Section 120B -- Quashing of proceedings - Offence u/ss 3(1)(c), 5(1)(c), 5(1), 5(4) of Official Secrets Act and S.120-B IPC - All co-accused discharged and trial is pending only against petitioner - Role of petitioner is no..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross negligence or deliberate inaction or..........
Criminal Procedure Code, 1973, Section 154, 482 -- Second FIR - Not to be quashed when (i) Second FIR was not filed by the same person who had filed the first FIR; (ii) It was filed by appellant as a counter complaint against respondent No.3; (iii) First FIR was against five persons based on one set of allegations whereas second FIR was based on allegations different from..........
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 -- Appeal against acquittal - Leave to appeal - Applicability of Limitation Act - Provision of S.378(5) Cr.P.C is a special provision which has no express provision excluding application of S.5 or S.14 of Limitation Act -..........
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 5, 14 -- Appeal against acquittal - Leave to appeal - Delay in filing leave to appeal - Exclusion of time - Appellant on the advice of his counsel approached Sessions Court instead of approaching High Court under provision of S.378(5) Cr.P.C - Time taken by appellant to bona fide pursue appeals..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Word used u/s 125(4) Cr.P.C, does not mean a single act of adultery - It refers to continuous adultery and means something more than a single lapse of virtue...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - One photograph was filed by husband proving that wife is living in adultery with one person - However, said photograph was not proved on record - Even if it is presumed that said photograph is proved, then also it does not prove that wife is living in adultery - Ground of adultery held, not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceeding u/s 125 Cr.P.C. is summary proceeding - Order does not determine right of parties...........
