Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Conditions - Court is not expected to recover the amount in a criminal proceedings by putting condition to deposit money while granting bail...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that..........
Prevention of Food Adulteration Act, 1954, Section 2(v), 13(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Non-compliance of S.13(2) of the Act - Delay in filing of complaint - It is evident from record that Food Inspector collected samples and sent them to Public Analyst on 7.05.2008, and Analyst`s report dated 16.06.2008 was received by him..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2003, Section 3, 45 -- Bail - Money laundering - Accused possessing demonetized currency - Defence of accused regarding inapplicability S.45 of the Act - Accused not disclosing source of acquisition of huge amount of demonetized currency - Statements of prosecution witnesses showing prima facie..........
Criminal Procedure Code, 1973, Section 154 -- FIR - It is in the nature of just intimation to police to set machinery of law in motion - Such intimation need not be encyclopedic...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay of 9 hours in lodging FIR - Murder case - FIR lodged by complainant after waiting for her husband and her relatives - Such like conduct can hardly be said to be unnatural as complainant being a lady might have chosen to wait for her husband and relatives before taking any further step..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court in case of acquittal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court are found to be just and proper...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Bail - Sexual assault on minor female aged 5 years - Driver of school van committed repeated acts of sexual assault despite warning by mother and grandmother of victim child - Such act of driver amounts to breach of..........
Criminal Procedure Code, 1973, Section 482, Electricity Act, 2003, Section 135 -- Theft of electricity - Quashing of proceedings - Plea that Junior Engineer is not competent to file complaint/FIR - However, as per Bihar Electricity Regulatory Commission, Junior Electrical Engineer is authorised to disconnect supply line of electricity as well as lodge complaint in police..........
Criminal Procedure Code, 1973, Section 468 -- Taking of cognizance - Barred by limitation - Effect on State - Lapse of time does not bar rights of State...........
