Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Applicant suppressed the material fact regarding earlier petition for quashing being filed and withdrawn by him - Suppression being relatable to question of maintainability was a material suppression - Petitioner thus, not entitled to discretionary relief - Second quashing petition dismissed with..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR can be quashed in exercise of power u/s 482 Cr.P.C where a report u/s 173 Cr.P.C is not filed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 511, 506 -- Quashing of FIR - Offence u/ss 384, 511, 506 - No overt act alleged in FIR and it has only been vaguely stated that accused is threatening to implicate complainant in a false rape case - Provision of S.506 IPC not attracted - Even with respect to offence of extortion/attempt to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Second bail application - Murder - Dead body of deceased found at his house which apparently bore injuries - Accused is behind the bars for more than 2-1/2 years and trial yet to be accomplished - Moreover, in view of the fact that case is more on suspicion than any ocular evidence in which..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Petitioner directed to appear before I.O by granting interim bail - He having joined the investigation - Order granting interim bail to petitioner made absolute...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Informant of murder case not supported prosecution case - High Court acquitted all the accused - However, having regard to facts and circumstances of case and bearing in mind that there were two deaths in the incident which has not been proved beyond reasonable doubt, impugned order of directing trial Court to..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25 -- Release of seized vehicle - Vehicle involved in NDPS case - Interim custody of vehicle alleged to be used in committing offence of NDPS Act cannot be denied on the ground of severity of offence - It also cannot be denied on the ground that it is liable to..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25 -- Release of seized vehicle - Vehicle involved in NDPS case - Vehicle in question was found in possession of petitioner - There is no reason to deny interim custody of vehicle to owner or person entitled to get possession of vehicle - If vehicle is allowed..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Dismissal of first appeal in four lines in general terms, cannot be dealt within this fashion - Impugned order set aside - Matter remitted for consideration afresh by High Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Petitioner is 73 years old person who is in custody since 27.11.2021 - Trial of case is likely to take time - Whether on allegations mentioned in FIR, S.306 IPC is attracted or not, is a matter of trial - Moreso, in view of pandemic situation and petitioner is..........
