Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 382, 325, 323, 452, 427, 148, 149 -- Bail - Another FIR for offence punishable under Ss.459, 325, 341, 323, 506, 34 IPC has been registered at against petitioner for incident that took place after he was allowed interim bail in case and injuries suffered by complainant and that office of..........
Criminal Procedure Code, 1973, Section 439(2), 482 -- Cancellation of bail - Grounds of cancellation of bail are:- (i) accused misuses his liberty by indulging in similar criminal activity, (ii) interferences with course of investigation, (iii) attempts to tamper with evidence or witnesses, (iv) threatens witnesses or indulges in similar activities which would hamper..........
Prohibition of Child Marriage Restraint Act, 2006, Section 10, 11, Criminal Procedure Code, 1973, Section 482 -- Child marriage - Quashing of FIR - No allegation that petitioners either solemnized marriage of their children or promoted solemnization of marriage of their children - Rather, petitioners were protesting against marriage of their children - Both the children..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - False plea - When accused takes false plea about facts exclusively known to him, such fact becomes vital and additional circumstance against accused...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge Court is to examine the materials only with view to be satisfied that prima facie case of commission of offence alleged has been made out against accused...........
Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364 -- Complaint - Dismissal for non appearance of complainant - Magistrate was not competent to discharge accused and dismiss complaint, in view of provisions of S.249 CrPC, as complaint under "cognizable and no, compoundable offences" automatically after summoning accused has to be..........
Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364 -- Complaint - Dismissal for non appearance of complainant - After recording preliminary evidence, Magistrate had summoned accused persons by issuing process, but except for one accused, presence of remaining accused persons could not be procured and after elapsing of more than eight..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - Two PWs not cross-examined by accused - No attempts to delay the trial were made on behalf of accused - It is also not a case in which multiple opportunities of cross-examination were allowed to go waste and were not availed of - It is thus, expedient and proper to direct that accused should be provided..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 302, 324 -- Transfer of investigation to CBI - Double murder case - Police could not solve case, for more than 2 years and 5 months, despite their best efforts - It seems that police has not made serious efforts to trace out the assailants/murderers -..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 42(1) -- Anticipatory bail - 12 Kg Ganja - FIR was registered on secret information and pursuant thereto, a police party raided house of petitioner - At time when search was to be made, DSP was contacted on his office phone, who reached at spot and notice was..........
