Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Trial Court acquitted accused and High Court convicted - High Court was of the view that PW 2, 3 and 5 can be believed - Unless it is held that view taken by trial Court disbelieving the witnesses is not a possible view, High Court ought not to have interfered with the acquittal recorded by trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 413, 408, 406, 411, 120B, Information Technology Act, 2000, Section 43, 66, 66B, 66D -- Bail - Cheating - No specific allegation against petitioner - Petitioner has no criminal history - Keeping in view the nature of evidence, period of detention already undergone, unlikelihood of early..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and two minor daughters - Enhancement of - Husband was getting salary of Rs.17,000 in 2016 - Ailment which is being taken by husband and is stated to be one of factors of too much expenditure is a common and a regular ailment and apparently there is no proof of same being a serious ailment - Both the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Bail - Recovery of 40 kg poppy husk - Recovery effected was below commercial quantity - Without expressing any opinion on merits of case, bail granted...........
Criminal Procedure Code, 1973, Section 374, 384 -- Appeal against conviction - Accused acquitted - Offence u/ss 7, 13(1), 13(2) of P.C. Act - High Court acquitted accused without adverting to reasons given by trial Court while convicting accused and without re-appreciating entire evidence on record in detail - Impugned order of acquittal of accused set aside - Matter..........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Order u/s 156(3) Cr.P.C. directing police to register and investigate a cognizable offence - Not open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued - Moreso such an order is an interlocutory order and remedy of revision is barred u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 110(e) -- Registration of offence u/s 110(e) Cr.P.C. by police - Police officer has no power to register case u/s 110 Cr.P.C - Registration of case without following procedure as contemplated u/s 110 Cr.P.C is illegal and liable to be quashed - Proceedings quashed...........
Indian Penal Code, 1860, Section 307, 323, 324, 326, 427, 506(H), 341, 143, 147, 148, 149, 120B, 201, 202, 153A, 212, Explosive Substances Act, 1908, Section 3, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 18B, 19, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Attempt to murder - Bomb blast - Criminal conspiracy - Accused is in jail for more than..........
Indian Penal Code, 1860, Section 376, 354, 506, 419, 467, 471, 474, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 419, 467, 471, 474, 376, 354, 506, 34 IPC - Compromise - Quashing of FIR - Petitioner Akhtar falsely represented himself as Shiva promised marriage and had physical relationship - Marriage certificate found to be fake and petitioner could not..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Revision against - High Court in its revisional jurisdiction did not examine the correctness of summoning order rather dismissed revision on basis of subsequent fact - Subsequent proceeding in no manner can be a ground not to consider correctness and validity of summoning order - High Court completely erred..........
