Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Charge sheet submitted u/s 325 and other provisions of IPC - Magistrate not in agreement with charge sheet and he dropped S.325 and replaced it with S.326 IPC - No infirmity in the impugned order...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 265 gms heroin - Intermediate quantity was recovered from accused - No PW has been examined - Trial of case is likely to take time to conclude - Keeping in view the custody of accused and facts and circumstances of case, bail granted to..........
Criminal Procedure Code, 1973, Section 107, 397, 401 -- Order passed without jurisdiction - Revision thereagainst - Sale deed annexed with the petition suggest that petitioner has purchased the land in question and he ought to have been made a party which is not done - Order passed in absence of petitioner - That does not mean that petitioner is not entitled to challenge..........
Criminal Procedure Code, 1973, Section 107 -- Scope - Magistrate u/s 107 Cr.P.C. cannot put a person into possession...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Marshalling of PWs is not permitted at the stage of consideration of bail application...........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the stage of consideration of bail application, Court cannot go into question of credibility and reliability of witnesses put up by prosecution...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 148, 149 -- Framing of charge - Essential ingredient of presence of more than five persons, present at the site, is fulfilled as stated in FIR and parcha bayan - Framing of charges, justified...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - In non-compoundable cases where there is no chance of conviction and also there is no societal interest and parties have settled the matter between themselves, proceedings can be quashed...........
