Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court can quash proceedings if it comes to conclusion that allowing proceedings to continue will be abuse of process of law...........
Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident..........
Criminal Procedure Code, 1973, Section 311 -- Recall of prosecution witnesses - Dismissal of application - It is apparent that petitioner has cross-examined witnesses at length and has put his defence to them - Even, reason given in application for re-examining these witnesses is not bonafide as it appears that petitioner wants to delay the proceedings - Moreover, no..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Certainty of conviction cannot be examined at the stage of framing of charge, but accused has every right to be heard at the stage of framing charge...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - Charges framed against accused by trial Court without considering application u/s 227 Cr.P.C - It is desirable to examine prima facie material against accused before framing charge, when there was an application u/s 227 Cr.P.C. on behalf of accused for discharging him - Impugned order of framing charges..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Maintainability - Benefit of bail can only be granted to a person, who is in custody of Court, apart from being an accused of offence...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Maintainability - Petitioner is not in custody - Bail application is not maintainable - Even on merits, huge amount stands transferred in account of petitioner having admitted by her and she refused to return the same and rather insisted upon using the same - Apart from that, allegations of theft of valuable jewellery,..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 457, 380 -- Concurrent running of sentence - Offence u/ss 457, 380 IPC - Substantive sentences awarded to accused in all the 5 complaints if calculated jointly comes to 19 years and 3 months and maximum sentence awarded to accused is 4 years S.I. along with fine - Even, accused has already served..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte - If Magistrate is satisfied that non applicant is willfully avoiding service or willfully neglecting to attend Court, Court may proceed to hear and determine the case ex parte - Prior service of summons on non applicant is not a pre-condition for such person to be proceeded ex parte...........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte - Earlier notices sent by speed post - No specific denial of service of such notices - Difficult to find fault with ex parte order...........
