Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Third bail application - Kidnapping and rape - Earlier two bail applications of accused dismissed before examination of prosecutrix - No definite opinion about sexual assault committed on prosecutrix in her..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Bail - Offence u/ss 3, 4 of PMLA - Huge cash to the tune of Rs.31.75 crores was deposited in eight bank accounts by accused - No explanation as to why demand drafts for said amount were issued in name of fake people - Accused failed to show from which legal source cash was..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 148, 149 -- Summoning of additional accused - Statement of PWs not giving rise to any prima facie material which would create reasonable prospectus of conviction of petitioners or would provide material to form higher degree of satisfaction, than prima facie case required for summoning of..........
Criminal Procedure Code, 1973, Section 374, 384 -- Appeal against conviction - Dismissal for want of prosecution - Court was under duty to issue arrest warrant or bailable warrant as the case may be if appellants themselves not present - In the absence of counsel of appellants, accused cannot be left unheard and condemned without any hearing - Dismissal of appeal for no,..........
Criminal Procedure Code, 1973, Section 156, 154 -- Complaint u/s 156(3) Cr.P.C. - Lodging information with police u/s 154(1) and in case of inaction then reporting matter to SSP concerned, is obligatory for complainant, for passing of an order u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 235 -- Sentence - Merely because no separate date was given for hearing on sentence, it cannot be said that entire exercise is flawed or vitiated...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 506 -- Quashing of proceedings - Abetment of suicide - Deceased committed suicide being disturbed by family feud and pending cases relating to matrimonial dispute - FIR was lodged by father of deceased - No material available on record to show that applicants abetted commission of suicide by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 107 -- Quashing of proceedings - Abetment of suicide - Nothing on record to show that anything was done by accused from which an inference can be drawn that they had abetted deceased to commit suicide - Allegation of assaulting deceased by accused is of the year 2014 - Since there is no..........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Order framing charge - It is an interlocutory order - Revision against same is not maintainable...........
Criminal Procedure Code, 1973, Section 468, 469, Drugs and Cosmetics Act, 1940, Section 27B(1), 17A, 18A, 18C, 22D, 22A -- Limitation - Complaint u/ss 27-B(1), 17-A, 18-A, 18-C, 22-D, 22-A, 22(3) of Drugs and Cosmetics Act - Drug Inspector came to know about identity, designation and authority of petitioners on 9.5.91 - Complaint filed on 1.12.92 - Complaint filed within..........
