Criminal Procedure Code, 1973, Section 482 -- Second application for quashing - Maintainable in changed circumstances...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468 -- Quashing of FIR - Compromise - Cheating - Compromise with a person who is not competent to compound the offence u/s 420 IPC as he is not a person cheated and remaining offences u/ss 467 & 468 IPC are not compoundable - Moreover, grounds raised in petition for quashing already..........
Insecticides Act, 1968, Section 24(4), Criminal Procedure Code, 1973, Section 469 -- Misbranded insecticides - Starting point of limitation of three years for filing complaint starts to run from the date of receipt of report of Insecticide Testing Laboratory and not from the report of second analysis of Central Insecticide Testing Laboratory...........
Criminal Procedure Code, 1973, Section 200, 482, Insecticides Act, 1968, Section 17, 18, 33, 29, 24(4) -- Cognizance of offence - Without conducting inquiry and ordering investigation - Offence u/ss 3(k)(i), 17, 18, 33, 29 of Insecticides Act - Where public servant in exercise of powers under provisions of Insecticides Act has filed complaint enclosing several documents..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(C), 25, 29 -- Default bail - Recovery of 589.500 kgs Ganja - Accused is in custody till date - He has not been given any opportunity of hearing to lead his legitimate objection nor he informed of his right on default bail before granting extension..........
Criminal Procedure Code, 1973, Section 433A, Constitution of India, 1950, Article 161 -- Remission - Power of remission is to be exercised by State Government, if prisoner has undergone 14 years of actual imprisonment, in cases falling within scope of S.433A of the Code and in case imprisonment is less than 14 years, power of premature release can be exercised by Hon'ble..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 12, Rule 6 -- Application U.O.6.R.17 CPC for amendment of pleadings is maintainable when filed at the stage when case was fixed for pronouncement of order on an application filed U.O.12.R.6 CPC - Application U.O.6.R.17 CPC can be filed upto the pronouncement of judgment and even after fling of..........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary charge sheet - Leave of Court is not required for submitting supplementary charge sheet, as statue itself has given powers to I.O to submit supplementary charge sheet, if any material is found...........
Criminal Procedure Code, 1973, Section 167(2) -- Applicability of S.167(2) Cr.P.C - Question of applicability of S.167(2) Cr.P.C does not arise at all to accused, against whom charge sheet has already been submitted and who was arrested subsequently...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 324, 323, 341, 201, 218, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Attempt to murder - Accused was not named in the FIR - He was summoned only on basis of 4th Supplementary Report - However, charge sheet and 4th Supplementary Report no longer exist - Now, there is fresh..........
