Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B -- Default bail - Offence u/ss 376, 506, 120-B IPC - Maximum sentence that can be awarded u/s 376 IPC is life imprisonment - Challan can be filed within 90 days - However, Magistrate wrongly allowed bail after 60 days, as Court has to see maximum awarded punishment not the..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B -- Default bail - Wrongly allowed - Revisional Court rightly remedied the error by cancelling the bail...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 376, 120B, 34 -- Rape - Compromise - FIR cannot be quashed in a non compoundable offence even when complainant does not support the case of prosecution and accused can be acquitted of the charge after considering the evidence on record as it will give an adverse message to the society...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. allows Court to proceed against any person who is not an accused in a case before it...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Where a person is named in FIR but not charge sheeted can be summoned u/s 319 Cr.P.C. provided it appears from evidence that such person can be tried along with accused already facing trial...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 34 -- Summoning of additional accused - Murder case - Wife of deceased throws an element of suspicion against all accused including petitioner - Eye witness of incident not only stated regarding active participation of accused persons but also the petitioner - Prima facie case against..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - Leave to appeal - FIR filed only on the basis of suspicion - All PWs including eye witness turned hostile and did not support prosecution case - Prosecution failed to prove its case beyond reasonable doubt - No error committed by trial Court to acquit..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order passed by Magistrate under Act of 2005 - Revision against - Not maintainable - Remedy against such an order is of appeal only u/s 29 of Act of 2005 - Revision cannot be filed against same as in case of any special enactment when in force, then..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order passed in appeal - Revision - Maintainability - If there is no specific forum mentioned in Act of 2005 against order passed in appeal, then, the normal procedure would be applicable and revision against same is maintainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 21, 25 and 29 of NDPS Act - Petitioner involved in case on the basis of statement of co-accused - No recovery effected from him - Bail granted...........
