Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Defalcation and misappropriation of public money - No direct insulation of crime against petitioners - There is not even any whisper in any of FIR's about loss to exchequer as most of payments are not made - Shifting of work from one construction site to another is specific allegation against accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 341, 404, 147, 148, 149 -- Bail - Murder case - Accused in custody for more than 6 years - High Court while rejecting bail application directed trial Court to conclude trial within a period of 6 months - In spite of said order of High Court no progress has been attained in the case - Other..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Number of accused mentioned twelve - Name of seven accused not given in FIR - In the investigation when names of seven other accused had surfaced charge sheet was submitted against twelve accused - Non-mentioning of name of seven accused in the FIR is thus inconsequential...........
Criminal Procedure Code, 1973, Section 154, 162 -- FIR - Before registration of FIR police came to the scene and opened the door - Acts performed by police after reaching the spot cannot be regarded as part of investigation - FIR not hit by S.162 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 177, 482 -- Territorial jurisdiction - Quashing of FIR - Offence u/s 498-A IPC and Ss.3, 4 of D.P. Act - Offence committed at place `I' - Proceedings pending in Court at place `J' quashed on ground of lack of territorial jurisdiction...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 304II, 34 -- Framing of charges u/ss 304-II, 34 IPC - Deceased given beatings by accused which resulted in his death - However, autopsy report and FSL report of deceased shows that there was no external or internal injury on the person of deceased - In fact cause of death shown in said reports is..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2) -- Delay in lodging FIR - Rape of 7 years old girl - FIR lodged on the next day of incident - Incident took place at night - Though police station is 5 kms away from village but due to night informant lodged FIR on the next day - Thus, delay in lodging FIR satisfactorily explained...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A -- Quashing of proceedings - Compromise - Matrimonial dispute amicably settled between parties - Offence u/s 498-A IPC quashed...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate while taking cognizance and issuing summons is required to carefully scrutinize whether allegations made in complaint meet the basic ingredients of offence; whether the concept of territorial jurisdiction is satisfied; and further whether accused is really required to be summoned - This has to..........
Criminal Procedure Code, 1973, Section 70(2) -- Issuance of no, bailable warrant - Court at the first instance cannot issue non bailable warrant - When cognizance is taken by Court, either summons are issued at the first instance or bailable warrant and if accused is not responding to the same, then, Court may resort to issuing non bailable warrant - Order of trial Court..........
