Criminal Procedure Code, 1973, Section 107 -- Notice u/s 107 Cr.P.C - Notice should clearly disclose material indicating satisfaction of Magistrate or same should be accompanied by police report and other material being relied upon by Magistrate at the time of issuing of notice - Impugned notice set aside as it is missing of such conditions...........
Criminal Procedure Code, 1973, Section 107 -- Notice u/s 107 Cr.P.C - Issued on a printed proforma - Notice issued without any application of mind and does not confirm to statutory provisions as either clearly disclosing the material indicating satisfaction of Magistrate or accompanied by police report and other material being relied upon by Magistrate at the time of..........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance to wife - Territorial jurisdiction - Address given by wife is not a temporary one but rather her permanent address, which is found mentioned in her Bank records as well as income tax returns of contemporaneous period - Family Court at said place has jurisdiction to entertain petition u/s 125 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 22, 23, 25, 60, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 10 kg 27 gms Charas - Sample remained in custody of police for more than 1 month, as such there is every possibility of adulteration - Accused is ready to cooperate with process of law - Without commenting merit of case,..........
Criminal Procedure Code, 1973, Section 482, 179, 156 -- Quashing of FIRs - Territorial jurisdiction - Offence u/ss 153-A, 295-A, 505(2) IPC - Debate show hosted by petitioner was broadcast on a widely viewed television network - Audience including complainants were located in different parts of India and were affected by utterance of petitioner, thus, consequence of words..........
Criminal Procedure Code, 1973, Section 186, 154 -- Multiple FIRs - Same offence - Principle underlying S.186 Cr.P.C can be applied at pre-charge sheet stage, that is post registration of FIR but before charge sheet is submitted to Magistrate - In such cases, ordinarily first FIR which is registered first in point of time, should be treated as main FIR and others as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 153A, 295A, 298, 505(2), Information Technology Act, 2000, Section 66F -- Quashing of FIRs - Offence u/ss 153-A, 295-A, 298, 505(2) IPC and S.66-F of I.T. Act - Petitioner who hosted debate show was an equal participant rather than a mere host - Transcript including offending portion would form a..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption (Amendment) Act, 2018, Section 13(1)(B), 13(2) -- Bail - Assets disproportionate to known source of income - Prima facie prosecution failed to convince Court that accused owns income which is disproportion income which is more than 10% to known source of income - Accused proved that he possesses more than..........
Criminal Procedure Code, 1973, Section 167(2)(a)(i) -- Official Secrets Act, 1923, S.3 - Application for release on bail - Ground that charge sheet has not been filed within 60 days - Order of Magistrate that in instant case time period for filing charge sheet would be 90 days - Challenge - Accused is being tried under Official Secrets Act, which does not talk about..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Murder - FIR lodged by brother of deceased after a period of almost 29 years from date of incident - Even in FIR initially there was no allegation of offence u/s 302 IPC and allegations were only for offences u/ss 364, 201, 344, 330, 219, 120-B IPC for which there was an..........
