Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2), Criminal Procedure Code, 1973, Section 438 -- Appeal - Order rejecting anticipatory bail application by Special Court - Only remedy available for petitioner is to file an appeal u/s 14-A(2) of the Act, as existence of an order of Special Court is sine qua non for approaching High..........
Indian Penal Code, 1860, Section 326, Criminal Procedure Code, 1973, Section 439 -- Bail - Grievous hurt caused by biting with teeth - Human teeth cannot be termed as a dangerous weapon capable of causing death - Offence u/s 326 IPC held, not attracted and only an offence u/s 325 IPC would be attracted, which is bailable offence - Bail granted...........
Criminal Procedure Code, 1973, Section 200 -- Private complaint - Recording of sworn statement of complainant and witnesses present before taking cognizance of offence is mandatory u/s 200 Cr.P.C - Affidavit of complainant cannot be substituted for recording of sworn statement by Magistrate...........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Confiscated proceedings have not been initiated with regard to vehicle - Court directed to release of seized vehicle - No typographical or any other apparent mistake has been committed in the order -..........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Merely because proceedings u/s 82 Cr.P.C have been initiated against accused, anticipatory bail cannot be denied to accused on this ground alone...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 201, 204, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d), Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused was not named in FIR and during investigation he had fully cooperated and participated and his statement u/s..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married lady - Prosecutrix engraved tattoo of name of accused on her forearm - Contention that tattoo was engraved forcefully rejected, as it is not easy to make a tattoo on forearm if there is some resistance from other side - As regarding allegation that prosecutrix..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Custodial death - Offence u/s 324 IPC can be compounded only with permission of Court...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Offence compoundable with permission of Court - Guiding factors - Nature of offence, and its affect on society are relevant considerations while granting leave by Court of compounding the offence - Offences which affect public in general and create fear in public in..........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Court cannot fix or determine quantum of victim compensation u/s 357-A Cr.P.C, rather Court has power only to recommend to District or State Legal Service Authority to pay compensation, without quantifying the amount, which has to be quantified and assessed adequately by the State or District Legal..........
