Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to an accused can only be cancelled if Court is satisfied that after being released on bail: (i) accused has misused the liberty granted to him; (ii) flouted the conditions of bail order; (iii) that bail was granted in ignorance of statutory provisions restricting the powers of Court to..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - Delay in filing appeal against acquittal can be condoned in an application filed u/s 5 of Limitation Act...........
Criminal Procedure Code, 1973, Section 397 -- Revision - No requirement of surrendering of accused before Court and to be confined or in jail for preferring revision before High Court...........
Criminal Procedure Code, 1973, Section 202(2) -- Inquiry u/s 202(2) Cr.P.C - Only three witnesses of fact have been examined at the stage of inquiry before summoning the accused - Admittedly, doctor who examine injured has not been summoned and examined u/s 202 Cr.P.C - Magistrate did not find necessary to call upon complainant to examine all his witnesses on a premise..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband stated that he is receiving Rs.19,191 as salary - Nothing was shown by him that he was only person to maintain his family - Truthfulness of averments may find disposal when application filed u/s 125 Cr.P.C is decided - Maintenance @ Rs.6000 pm rightly granted to wife...........
Criminal Procedure Code, 1973, Section 397 -- Revision - Factual aspects may not be considered at the stage of revision...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Unlawful contract between parties where money was being paid for securing job in government or private sector - Object of dispute manifestly rife with mala fide intentions of only recovering tainted money by coercion and threat of criminal proceedings - Such criminal prosecution should not be allowed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effectuated from accused - Merely because accused was in regular touch with co-accused is not sufficient to prima facie establish the offence against accused - Accused arrested on basis of disclosure..........
Criminal Procedure Code, 1973, Section 482, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3(1) -- Quashing of FIR - Offence u/s 3(1) of 1986 Act - Accused exonerated in the offences involving ant-social activities as defined u/s 2(b) of 1986 Act - For continuing the prosecution under 1986 Act, accused must be prosecuted for any one or..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, Court cannot apply its judicial mind for scrutinizing the fact as to whether that evidence available on record is sufficient for conviction or not...........
