Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Anticipatory bail - Offence u/ss 353, 186, 379 IPC and S.21 of Mines and Minerals Act - Petitioner is alleged to have done illegal mining by using a tipper vehicle which was driven by him - Said vehicle already..........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 353 IPC - Quashing of FIR - Uncontroverted allegations in chargesheet do not disclose use of force or holding out threatening gestures giving rise to an apprehension of use of force towards public servant - Physical movement of labourers would not amount to use of force far less..........
Indian Penal Code, 1860, Section 186 -- Offence u/s 186 IPC - Cognizance of offence u/s 186 IPC was taken on a police report in breach of S.195 Cr.P.C - S.195 Cr.P.C provides no Court shall take cognizance of offence u/s 186 IPC save and except on a complaint in writing by aggrieved public servant or his superior - Cognizance taken of offence u/s 186 IPC on a police..........
Indian Penal Code, 1860, Section 186 -- Offence u/s 186 IPC - S.186 IPC is a non-cognizable offence and in absence of ingredients of S.353 IPC (cognizable offence) disclosed in FIR, prior permission of Magistrate u/s 155(2) Cr.PC was necessary to register FIR - No such permission was obtained rendering registration of FIR and ensuing investigation bad in law - FIR quashed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted to petitioner - Petitioner co-operating and participating with investigation - Interim protection granted by Supreme Court vide its earlier order made absolute with direction that petitioner shall not be arrested provided he continues to co- operate and participate with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 120B -- Bail - Offence u/ss 409, 120-B IPC - Charges are yet to be framed - Prosecution proposes to examine 18 witnesses to support its case - Appellant is in custody since 16.9.2023 - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 342, 325, 394, 34 -- Bail - Attempt to murder - Three key witnesses of prosecution have been declared hostile - Appellant is behind bars for more than 2 years and only 5 out of 17 PWs have been examined till date - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Cheating - Appellant is in custody since 23.9.2024 - Charges have not yet been framed because investigation against an absconding accused is still continuing - Appellant voluntarily undertakes to make a payment of Rs.2,75,000 - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - There must exist tangible and cogent reasons for summoning a witness again for re-examination or cross-examination - Applicant is required to demonstrate necessity of recalling witness to ensure a fair trial - Recall of a witness is not to be permitted as a matter of course rather discretion conferred upon..........
Criminal Procedure Code, 1973, Section 311 -- Recall of child victim - PW1/victim was examined before Trial Court and was thereafter extensively cross-examined by defence - Despite this accused filed an application u/s 311 Cr.P.C. seeking recall and re-examination of PW1 - However, accused has failed to specify any concrete basis or factual grounds justifying necessity for..........
