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 -..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Gang rape - Investigation of case entrusted by State government itself to CBI - CBI has started investigation in respect of crime - Apprehensions expressed by petitioners that there would be no proper investigation by UP Police conducted, not open for consideration at this stage and grievance..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 504, 34, Information Technology Act, 2000, Section 66(E), 67 -- Anticipatory bail - Cruelty - Posting and uploading nude photographs of wife by husband in public domain, attracts offence u/s 498-A IPC, as it is striping off a woman in public by husband himself - Anticipatory bail denied to..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Registration of FIR is mandatory, if information discloses commission of cognizable offence - It is not matter of discretion - Police has no option to register or not to register FIR...........
Criminal Procedure Code, 1973, Section 154 -- Non-registration of FIR - Challenge as to - Complainant approaching police on suspicion that brother has killed his mother - Police officials after 4 month preliminary inquiry revealed no cause to suspect unnatural death, refused to register FIR - Since, preliminary inquiries in cases of murder, impermissible - Non-registration..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - There is no difference of power, scope, jurisdiction or limitation under the Code between appeals against judgments of conviction or of acquittal - Appellate Court is free to reconsider questions of both law and fact and re-appreciate entirety of evidence on record - However, in practice appellate..........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - S.82 Cr.P.C neither creates any riders nor imposes any restrictions in filing of anticipatory bail by Proclaimed offenders...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Anticipatory bail - Rape - Conduct of victim accompanying accused to her bedroom without any resistance and subsequently without any reasons running away to forest from safe custody of her maternal uncle and staying..........
