Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of prosecutrix or complainant, which is not substantiated by any credible material, cannot be a ground to invoke discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized vehicle - Vehicle involved in NDPS case - State is unable to give any definitive timeline as to when trial against A-5 would conclude - Vehicle in question thus, released after preparing a video and still photographs of vehicle, subject to appellant furnishing a surety bond of Rs.2,10,000 instead of..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed person - Petitioner remained absent on a particular date and she was declared proclaimed person - Reason for non-appearance is her unawareness of date fixed for her appearance - However, she is now ready and willing to join proceedings - Order declaring petitioner as proclaimed person set aside subject to costs of..........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 418, 381, 408, 120B, 34 -- Interim bail - Cheating - Allegations made against petitioners are serious in nature, more so, conduct of petitioners have been portrayed as on defying due course of justice by indulging in activities which are contrary to law - Though, allegations are yet to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Violation of bail condition - Accused applied for employment/residence visa - Accused-1 obeyed condition-1 of bail order by surrendering his passport and thereafter got his passport released for short visit to Dubai by filling application before Trial Court and subsequently re-surrendered his passport..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Violation of bail condition - Accused 2 and 3 violated condition-1 of bail order by not surrendering their passports before jurisdictional court - Even, accused 2 violated second part of condition no:1 of bail order by going abroad without permission of Court - Cancellation of..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Magistrate cancelled bail granted by HC u/s 439 Cr.P.C - However, bail order specifically provided, in case of violation of bail conditions, prosecution can move for cancellation of bail before Jurisdictional Court - Though application was filled by quoting S.439(2) Cr.P.C,..........
Criminal Procedure Code, 1973, Section 362 -- Review - Criminal Court does not have power to review its own orders...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court cannot grant compensation to accused for wrongful confinement in a bail application u/s 439 Cr.P.C, as jurisdiction conferred upon a Court u/s 439 Cr.P.C is limited to grant or refusal of bail pending trial...........
