Criminal Procedure Code, 1973, Section 202(1), Drugs and Cosmetics Act, 1940, Section 32, 18(a)(i), 27(d) -- Enquiry u/s 201(1) Cr.P.C - Offence u/ss 32, 18(a)(i), 27(d) of D&C Act - Cognizance against petitioners who are residing and doing manufacturing activities outside local jurisdiction of Magistrate, was taken without conducting an enquiry u/s 202(1) Cr.P.C, which is..........
Criminal Procedure Code, 1973, Section 469 -- Limitation - Date of commission of offence with respect to S.469 Cr.P.C, to reckon the commencement of period of limitation is where commission of offence was not known to person aggrieved by offence, or to any police officer, first day on which such offence comes to knowledge of such person or to any person officer whichever..........
Criminal Procedure Code, 1973, Section 469(1)(b), Drugs and Cosmetics Act, 1940, Section 32, 18(a)(i), 27(d) -- Limitation - Offence u/ss 32, 18(a)(i), 27(d) of D&C Act - Period of limitation for filing complaint is three years from date of commission of offence as per S.468(2)(c) Cr.P.C - Complaint filed three years after receiving Government Analyst Report is barred by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 34 -- Quashing of proceedings - Offence u/ss 304-B, 34 IPC - Compromise arrived at between parties - Parties have settled the matter amicably and de facto complainant inclined to withdraw police report - Compromise is executed by parties out of their free will and they confirm the terms..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Specific allegations regarding harassment by making demand of additional dowry not made against parents of husband - The only allegation against them is that they did not like the deceased marrying their son and as such they used to make comments against her in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Transportation of 200 Kgs. Ganja - Default bail - Application for extension of time filed before expiry of 180 days - Period of time for completion of investigation was extended by another 180 days - Default bail rightly declined...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Offence by Company - Company not arraigned as accused in complaint - Complaint quashed being not maintainable...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No specific averments in complaint with regard to cheating - Even, there are no specific proof in support of said allegations made in complaint - Allegations made in complaint are bald and baseless - Complainant also filed a civil suit for recovery of amount and..........
Criminal Procedure Code, 1973, Section 227, 482, Indian Penal Code, 1860, Section 269, 270, 274, 337, 338, 304 -- Discharge - Offence u/ss 269, 270, 274, 337, 338, 304(Part I)PC - Main accused already discharged - Applicant merely advising to transfuse the blood collected from the Blood Bank of main accused and as such applicant has no role to play except to transfuse the..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - It is discretion of Magistrate to fix monthly interim maintenance but discretion should not be exercised in arbitrary manner...........
