Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Dispute has traits of a civil dispute - Complainant cannot allege cheating or criminal breach of trust against petitioner on basis of agreement to sell - In fact petitioner was never a party to said agreement to sell - Application held, allowed subject to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Revision cannot be dismissed solely on the ground that accused has not surrendered...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Revision against - Suspension of sentence during pendency of revision - Accused is 71 years old and already deposited 75% of total compensation - Since sentence awarded is only 1 year and revision is filed in COVID-19 Pandemic, sentence of accused..........
Criminal Procedure Code, 1973, Section 173, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Inquiries and investigation under NDPS Act - Non-applicability of S.173 Cr.P.C. to NDPS Act...........
Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Mere filing of a petition u/s 482 Cr.P.C is not sufficient in and of itself to obviate compliance with a summons u/s 41-A Cr.P.C...........
Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Power u/s 41-A Cr.P.C is not to be used to intimidate, threaten and harass...........
Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Proceeding to quash FIR pending before High Court - Court vide impugned order directed petitioner to appear before I.O if a fresh notice is issued u/s 41-A Cr.P.C - Since lock down restrictions have been imposed in the State, petitioner not required at this stage to comply with summons u/s 41-A Cr.P.C..........
Criminal Procedure Code, 1973, Section 438 -- Challan not filed even after a lapse of 01 year and 5 months since the date of registration of FIR - It is a fit case for grant of interim anticipatory bail due to inordinate delay in filing challan - Interim bail granted till next date of hearing...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 438 -- Abetment of suicide - Anticipatory bail - Accused having a fight with deceased - Cannot be taken as abetment to deceased to commit suicide - Moreover, counsel for the State has not disputed that except ligature mark qua hanging, there are no other injuries found on the body of deceased -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Murder case - Petitioner is evading his arrest for last more than 2 years - He did not appear even after dismissal of his first anticipatory bail application - Innocence of petitioner is yet to be proved before competent Court -..........
