Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition of furnishing FDR of Rs.15 lakhs - Accused was granted bail about three months ago and till date, accused is languishing behind the bars due to her inability to fulfill the condition imposed while granting bail - Imposing such onerous condition while granting bail defeats very purpose of granting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Bail - Rape of minor girl - Compromise - Looking to the nature and gravity of accusation, role attributed..........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Once the application for interim maintenance was pending and affidavits (of disclosure of assets and liabilities) of rival parties were already on record, family Court ought to have decided the same in a expeditious manner - No compelling or accentuating circumstances are either decipherable from..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f)(g) -- Quashing of FIR - Offence u/s 3(1)(f)(g) of SC/ST Act - Complainant and petitioners have compromised the matter inter se them - Offences alleged to have been committed by petitioners do not involve offences of moral turpitude or any..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - Reasons needs to be recorded in case a discharge application is allowed - However, where discharge application is rejected only prima facie case is to be seen for framing of charge...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Application is completely vague, as it does not in any manner suggest as to what the said witness wants to testify - However, reading between the lines if the intention of petitioner/accused is to dispute the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of CW1/son of attorney of complainant - To give his specimen writing for comparison with the writing in the body of cheque - Cross-examination of CW-1 shows that he remained as a Munshi at the brick kiln of accused/petitioner - It has been..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Privacy of victims or identity of victims of sexual offences including POCSO cases is protected - Merely because materials disclosing privacy of victim were already published in the website and same are within public domain, is not a reason to provide the copy of documents to accused...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Once the factum of possession and right to possess both have been adjudicated upon by appropriate civil Court, question of initiation of proceedings u/s 145, 146 Cr.P.C does not arise...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person who has committed an offence is not entitled to grant of discretionary jurisdiction of anticipatory bail unless it is shown that accused is falsely implicated or is entitled for protection of liberty...........
