Criminal Procedure Code, 1973, Section 167(2) -- Proviso - Default bail - Mere making of application for bail would amount to availing of right accrued to an accused under the said proviso irrespective of whether Court has actually passed bail order or not, hence, in the instant case there was no question of refusing to release petitioner on bail when an order for bail had..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Petitioner and complainant married for 21 years and having two grown up children - Petitioner has already joined investigation - Allegation as to dowry demand and retention of Istridhan, prima facie not made out, in as much as..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Change of investigating officer - In the absence of anything to show that it will cause substantial prejudice or affect the investigation, a change of I.O. in the meanwhile may not be in the interest of justice...........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 506 -- Delayed FIR - Sexual assault on girl aged 10 years by her near relative - Delay of 21 days in lodging FIR - Not fatal to prosecution, where family of prosecutrix belongs to rural area and father of prosecutrix was not in the..........
Criminal Procedure Code, 1973, Section 482, 190(1)(b), Indian Penal Code, 1860, Section 406, 419, 420, 467, 468, 471 -- Quashing of order taking cognizance - Offence u/ss 406, 419, 420, 467, 468, 471 IPC - Initially applicant no.1 charge sheeted u/s 406 IPC, however, in respect of other three applicants negative report was submitted by police - Prosecution and informant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 21, 22 NDPS Act - Accused in custody for 9 months - Three more PWs yet to be examined - No useful purpose will be served by keeping accused in custody - In case accused is found indulged in any other NDPS activity, prosecution will be at..........
Indian Penal Code, 1860, Section 147, 353, 120B, 295, 153A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 147, 353, 120-B, 295, 153-A IPC - Two different FIRs - Quashing of FIRs - Property dispute between parties, as both the rival factions staked their claim over land in question with positive assertion of ownership - However, dispute itself no more survives..........
Prevention of Money Laundering Act, 2002, Section 5(5), 45(1), Criminal Procedure Code, 1973, Section 328, 329 -- Money laundering - Application of petitioner dismissed for adjourning case sine die on ground that he is mentally not fit - There is nothing prima facie to show that petitioner is lunatic or of unsound mind - No need to adopt procedure provided u/ss 328 and 329..........
Criminal Procedure Code, 1973, Section 125, Constitution of India, 1950 -- Maintenance to wife - Parties belong to scheduled tribe - Jurisdiction of district Court - Office of AG made party to petition - Merely because AG is one of the respondent, is no ground that District Court has jurisdiction to determine maintenance between two tribals - Therefore, matter remitted..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge - High Court not to determine the veracity of factual position at this stage - No such material presented to clearly exculpate the accused from the occurrence - Impugned order setting aside order framing charge set aside...........
