Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Even if charge-sheet is filed and cognizance is taken by Court against accused, who has got an immunity from being arrested during the course of investigation either by way of order of a competent court protecting him by grant of anticipatory bail or by service of notice u/s 41-A Cr.P.C. by I.O, anticipatory..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclamation u/s 82 Cr.P.C. issued after filing of anticipatory bail application - Bar to entertain anticipatory bail application of a proclaimed offender is not attracted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 354, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Demand of dowry - Charge-sheet has been filed in the matter - Accused have been cooperative during the course of investigation - I.O did not find any ground to arrest them during the course of..........
Criminal Procedure Code, 1973, Section 167 -- Police remand of an accused who is on anticipatory bail - While granting anticipatory bail Court passed the order "Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand and that this would be sufficient to treat the accused in the judicial custody for the..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Ex parte maintenance order passed by Family Court - Setting aside - Application for setting aside ex parte maintenance order passed by Family Court can be preferred by husband before trial Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Accused is in custody for nearly two years four months - Case is at the stage of trial - Two witnesses have been examined and 26 witnesses are proposed to be examined by prosecution - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 244, 246 -- Warrant case otherwise than on police report - Pre charge evidence should be recorded by trial Court - Order to frame charge straightaway in the absence of pre-charge evidence set aside...........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - District Police Chief cannot order further investigation, as said power rests either with concerned Magistrate or with a higher Court and not with an investigating agency...........
Protection of Children from Sexual Offences Act, 2012, Section 19, 2, 42A, Criminal Procedure Code, 1973, Section 198 -- Overriding effect of provisions of POCSO Act - S.19 r/w S.21 of POCSO Act shall override restrictions imposed u/s 198(1) r/w S.198(3) Cr.P.C...........
