Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 452, 341, 323, 324, 325, 326, 307, 34 -- Framing of charges - Offence u/ss 452, 341, 323, 324, 325, 326, 307, 34 IPC - Trial Court did not made any endeavor to examine medical report while framing charge against accused - No reasons for framing charge against accused stated - Even prima facie..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 120B, 34 -- FIR - Murder case - Occurrence took place in the dead of night - PW1 being a lady proceeded for police station early in the morning - FIR delayed and may been result of prior deliberations...........
Criminal Procedure Code, 1973, Section 145, 146 -- Orders passed u/ss 145, 146 Cr.P.C - Are interim in nature only to avoid imminent danger of breach of peace - Proceedings cannot be used for getting possession over land for which most suitable remedy is the filing of civil litigation...........
Criminal Procedure Code, 1973, Section 145, 146 -- Order releasing attached property - Dispute as to ownership and title of property - Both the sides had produced evidence regarding ownership and title of land in question - Proceedings were initiated in 1995 u/s 145 Cr.P.C. and they continued for 10 years - SDM exceeded his jurisdiction in releasing the attached property -..........
Criminal Procedure Code, 1973, Section 427(2) -- Concurrent running of default sentence - Default sentence cannot be ordered to be suffered concurrently, as very purpose of awarding sentence in default of payment of fine would be defeated and no accused in that event would pay fine by claiming that imprisonment awarded on account of failure of payment of fine should also..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Discharge - Kidnapping and rape - Dispute as to real age of prosecutrix - There is grave suspicion whether on date of occurrence prosecutrix was major or minor - Age of prosecutrix has to be determined as per R.12 of Juvenile Justice Rules, 2007 - Therefore, trial Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Recovery of 4 kgs of heroine - FSL report discloses that only 50 gms of heroine was actually in possession of accused - Accused remained in custody for about 5 1/2 years - Thus, taking into account period of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Ninth bail application - Murder case - Accused spent 7 years in jail as under trial and the manner in which trial is being conducted entitles the accused to grant of bail - All the material witnesses of case examined except one which is not even summoned as a witness - No explanation as to..........
Criminal Procedure Code, 1973, Section 125 -- Second application - First application dismissed as withdrawn - Second application not barred - Right to maintenance is a recurring cause of action - Earlier petition not decided on merits - Once there is no adjudication on merits, second petition is not barred solely because of withdrawal of earlier petition - Provision of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376, 343, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11(5), (12), 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - Kidnapping and rape - Prosecutrix not supported prosecution case - Co-accused..........
