Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D -- Bail - Prosecutrix had developed physical relations with accused in year 2014 and FIR was registered about two years thereafter - As to whether it was a consent case or what is effect of delay in reporting matter to police, is a fact to be seen by trial Court - Petitioner was arrested..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Challan not filed within time - Challan filed in Court having no jurisdiction is no challan in the eye of law as it does not meet the requirement of S.2(r) or S.173 Cr.P.C. - Challan was not filed within time, in the Court of Magistrate competent to take cognizance of the offence, when application for default..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(i)(d) -- Discharge - Misappropriation of public funds of bank by charted accountant/accused - Accused exonerated by Disciplinary Committee constituted under Chartered Accountants Act looking into the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 34, Arms Act, 1959, Section 25, 27 -- Bail - Complainant states that accused fired shot which hit left foot of his daughter - From allegations in complaint it is apparent that shot which hit daughter of complainant was not fired by accused - Petitioner submits that two years ago, victim..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complainants have purchased plots in year 2010 and possession was delivered and when letter of possession was issued, complainants were not allowed to construct their houses/residences - Complainants came to know that ex-parte decree regarding said land is passed in favour of someone else before purchasing of..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Petitioner does not have locus standi to make prayer when he was neither complainant nor informant and it appears that petitioner has made attempt to say that he is not public servant and filed present petition for protracting trial - Petition dismissed with costs...........
Criminal Procedure Code, 1973, Section 482, Essential Commodities Act, 1955, Section 7, 10, 12AA -- Quashing of FIR - Person responsible for manufacturing cannot be prosecuted individually, without arraying company as an accused - FIR quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Criminal Procedure Code, 1973, Section 100 -- Search - If it is not possible to take accused to nearest Gazetted Officer or Magistrate, due to possibility of person to be searched parting with possession of contraband, apprehending officer may proceed to search person of accused by following procedure laid..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 324, 307, 506, 149 -- Appeal against acquittal - Victim stated that mob came there with muffled faces and they caused injuries to him but due to darkness and muffled faces of assailants, he could not identify accused and also deposed that he knew all accused present in Court but none of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing criminal proceedings - Criminal investigation, unless tainted by clear mala fides, should not be foreclosed by a Court of Law...........
