Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclaimed offender not entitled to anticipatory bail - However, in an exceptional and rare case, Supreme Court or High Court can consider plea seeking anticipatory bail, despite the applicant being a proclaimed offender, given that Supreme Court and High Courts are Constitutional Courts...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Murder case - High Court decided the appeal on the same day on which advocate was appointed - Advocate appointed to represent accused thus, was not granted even a reasonable time to prepare herself - Impugned order set aside - Matter remanded for consideration afresh...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Murder case - High Court decided the appeal on the same day on which advocate was appointed - Advocate appointed to represent accused thus, was not granted even a reasonable time to prepare herself - Impugned order set aside - Matter remanded for consideration afresh...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 316, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Parties lived in live-in-relationship for one year - FIR lodged when accused refused to marry victim - Keeping in view the uncertainty regarding conclusion of trial, one sided investigation by..........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power u/s 323 Cr.P.C may be invoked by Magistrate at any stage of proceeding prior to signing of judgment...........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power u/s 323 Cr.P.C may be invoked even after deposition or examination-in-chief of a witness - Key requirement is that Magistrate must feel that case is one which ought to be tried by Court of Sessions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 439 -- Bail - Filing of charge sheet without chemical examination report - Chemical Examination Report is most vital piece of evidence which is required to be made part of charge sheet - Mere statement of filing of a supplementary charge sheet upon obtaining Chemical..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Seeking formal permission from Court to make further investigation and to inform Court is desirable not mandatory - There cannot be any fetter on power of police to further investigate u/s 173(8) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance cannot be quashed merely because police has not obtained formal permission to investigate either by mistake or otherwise, particularly when materials collected by investigating agencies disclose very ingredients of offence under which cognizance is taken...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Complainant failed to lead evidence supporting her allegations against accused - Magistrate went through the entire records of case and passed a reasoned order holding that there is no sufficient ground to proceed against accused - Order dismissing complaint is proper...........
