Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 255, 256, 257, 258, 259, Prevention of Corruption Act, 1988, Section 7, 13(2) -- Bail - Cheating - Forgery - Allegation against accused are regarding forgery etc. and his stamp vending licence was cancelled by State - No other offence against petitioner - There is thus, no..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Application u/s 12 of the Act - Maintainability - Merely because order u/s 125 Cr.P.C. is passed, it cannot be said that application under PWDV Act is not maintainable, as PWDV Act itself provides a separate application for claiming residence and monetary reliefs..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Parity basis - Recovery of 2 kg 600 gms opium - Secret information - Police got clue from accused `T' who gave secret information - Role of accused `T' was confined to part of conspiracy whereby police..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Recovery of 2 kg 600 gms opium - Petitioners are main accused on whose behest entire conspiracy was allegedly hatched to falsely implicate accused `B' - Allegation against petitioners is that they..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Non-bailable warrants - Petitioner was released on regular bail on 24.04.2017 - However on 01.06.2017 he remained absent without any intimation to the trial Court and therefore trial Court forfeited his surety and issued no, bailable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle from interim custody - No specific order passed by trial Court to confiscate the vehicle - Trial of case still pending - There is no provision under NDPS Act debarring release of vehicle for interim custody - Vehicle in question ordered to be..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Marriage and inability of wife to maintain herself not disputed - However, living separately by wife not justified - Wife willingly left husband and living with some other person alleged to be her new husband - Material made available by husband sufficient to rebut claim of wife for interim maintenance -..........
Criminal Procedure Code, 1973, Section 301, 225 -- Permission to assist prosecution by Private party - Before commencement of trial - Not permissible...........
Criminal Procedure Code, 1973, Section 301, 225 -- Permission to assist prosecution by Private party - Prosecution before Court of Sessions, shall only be conducted by Public Prosecutor and not by anyone - Though assisting prosecution by private party in Court of Sessions is not banned, but such permission will be subject to control of Public Prosecutor, which means, until..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(g), 354, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(2)(v), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape - Prosecutrix totally gave up allegations levelled against co-accused and was..........
