Criminal Procedure Code, 1973, Section 102, Prevention of Corruption Act, 1988, Section 18A -- Attachment of bank account - Freezing of bank account of accused taking recourse to S.102 Cr.P.C. is not sustainable, as Prevention of Corruption Act is a Code by itself...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 270 grm heroin - Bail - Recovery effected is marginally higher than commercial quantity - Petitioner is in custody since Oct 2020 - He is not involved in any other case under the Act - Investigation is complete and conclusion of trial is..........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 366 IPC - Both the petitioners are major - Petitioner No.1 left her home with petitioner No.2 willingly and is living with him as a married woman - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 427, 148, 149, Arms Act, 1959, Section 25, 27, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Second bail application - Murder - Where delay in finishing trial is attributable to accused, benefit of same cannot be given to accused so as to..........
Criminal Procedure Code, 1973, Section 87, 170, 173 -- Non-bailable warrants of arrest - Where custody of accused not required during period of investigation, it is appropriate that accused is released on bail as circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil transactions may have a criminal texture - However, when civil dispute is given colour of criminal offence then proceedings have to be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil dispute - Only because a civil remedy is available may not be a ground to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Whether a complaint discloses criminal offence or not depends on nature of allegations and whether essential ingredients of a criminal offence are present or not has to be judged by High Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Muslim divorced woman is entitled to get maintenance u/s 125 Cr.P.C after Iddat period as long as she does not remarry and if she is otherwise so entitled - Order denying maintenance to wife set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - An order granting stay of arrest in a proceeding u/s 482 Cr.P.C. lies within the jurisdiction of High Court - However, grant of such relief must be after a judicious application of mind, which must emerge from the reasons which are recorded by the Judge...........
