Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Court while refusing to take cognizance for want of prosecution sanction, cannot issue direction to I.O to obtain prosecution sanction...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/Addition of charge - Application for alteration of charge can be moved at any stage before judgment is pronounced by Court...........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge u/s 458 IPC - Incident in question not occurred in the house of complainant as alleged by him, but in fact it took place outside his residence - Neither were complainants armed with lathis, sariyas or any other weapons, as alleged by them in FIR, nor it was found that during the investigation that articles in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - Diametrically opposite case in the charge-sheet than that alleged in FIR gives rise to serious doubt on the veracity of prosecution case against accused - No interference..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - No recovery has been made from accused or from any place under his exclusive control - Accused though involved in 53 criminal cases but has not been involved in any NDPS Act case..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding application u/s 482 Cr.P.C, High Court cannot conduct mini trial - High Court also cannot get into appreciation of evidence of particular case being considered...........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Quashing of proceedings - High Court itself opined that allegations are very serious and it requires further investigation - However, High Court has not at all appreciated and/or considered the allegation of larger conspiracy and that both FIR/criminal cases are interconnected and part of main conspiracy which..........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n) -- Bail - Rape - On the pretext of marriage - Prosecutrix was aware that accused became acquainted with and got close to another lady with whom he is now engaged to marry - She stated that accused had conveyed to her that he does not intend to marry anyone - Prosecutrix also stated that..........
