Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail application along with interim bail - When an application for anticipatory bail along with application for ad-interim relief was listed before Single Judge, Judge should have decided the application one way or the other, so far as ad interim prayer or should have taken up for consideration after giving some..........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C - Does not fall within ambit of evidence - Such evidence is only for confrontation in cross-examination - Statement recorded u/s 161 Cr.P.C being wholly inadmissible in evidence, cannot be taken into consideration...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder - Complainant is an Advocate who tried his best for treatment of his father but on the way he died - He along with other returned back to home and FIR lodged after seven hours from time of incident against unknown accused - Complainant has no suspicion against accused at..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Chance witness - `P' told to complainant about fact that he saw accused going in fast paces after the incident and he was carrying a country made pistol in his hand - Statement of `P' recorded u/s 161 Cr.P.C - Thereafter accused killed `P' - Witness `P' is not an injured person or a complainant..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Cancellation of bail granted in an offence u/s 376 IPC and S.6 of POCSO Act - Where victim is minor, grounds of love affair between parties and refusal to marry are circumstances which will have no bearing for grant of..........
Constitution of India, 1950, Article 32, Criminal Procedure Code, 1973, Section 482 -- Writ petition under Art.32 COI to quash and set aside criminal proceedings/FIR - Relief which can be considered by High Court u/s 482 Cr.P.C. not to be considered by Supreme Court in exercise of powers under Article 32 of the Constitution of India...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - False promise of marriage - No allegation in FIR as to when accused promised to marry victim and whether it was done in bad faith or with intention to deceive her - There is failure on the part of accused to fulfill his promise of marriage made in the year 2017..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of bank manager - Details summoned through bank manager is very much essential for arriving at a just decision in case - Trial Court justified in allowing the application...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report u/s 173(2) Cr.P.C and supplementary report u/s 173(8) Cr.P.C - Magistrate has to consider both original report and supplementary report before determining steps that have to be taken further in accordance with law - It is thereafter that Magistrate would have to take a considered view in accordance with..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to investigate - Complaint when not supported by an affidavit, Magistrate ought not to entertain application u/s 156(3) Cr.P.C...........
