Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - There has been no dishonest intention at the inception - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - At the stage of considering application for grant of leave to appeal, there cannot be re-appreciation of evidence...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Merely because accused was not declared absconder and no proclamation was issued against accused till filling of anticipatory bail, it cannot be held that anticipatory bail application is not maintainable...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Merely because accused was not declared absconder and no proclamation was issued against accused till filling of anticipatory bail, it cannot be held that anticipatory bail application is not maintainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 34, Arms Act, 1959, Section 25 -- Bail - Snatching - There is no allegation against petitioner qua directly being involved in the incident of snatching as such - Petitioner is in custody since 17.07.2023 - Without considering the merits of case, accused ordered to be released on bail...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 401, 397 -- Dishonour of cheque - Revision - If there is non consideration of any relevant materials, which would go to the root of the matter or any fundamental violation of the principle of law, then only power of revision is available...........
Civil Procedure Code, 1908, Order 13, Rule 10(1) -- Call of records of any suit or proceedings from other Courts - Civil Court is not barred from calling for and inspecting evidence tendered in a criminal proceeding - However, admissibility and relevance of the same is subject to the document being proved as per the provisions of Evidence Act...........
