Criminal Procedure Code, 1973, Section 161 -- Delay in recording of statement of witnesses - Investigation was not carried out properly by local police - State government handed over case to CID - No effective progress could be made by State CID also, hence investigation was entrusted to CBI - It is thereafter statements of several witnesses including u/s 164 Cr.P.C were..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay of few hours in registration of FIR, which was convincingly explained by complainant and PW18, case of prosecution could not be looked with suspicious eyes...........
Criminal Procedure Code, 1973, Section 482, 82 -- Proclaimed offenders - Quashing of order - Petitioners willfully absented and deliberately abandoned Court proceedings - No ground made out to quash order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning record from Bank - Evidence which complainant wants to produce is relevant and necessary for just decision of case - Application u/s 311 Cr.P.C. can be filed at any stage - Court should not go into technicalities of law and should do substantial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 148, 149, 323, 328, 452, 506 -- Anticipatory bail - Offence u/ss 148, 149, 323, 328, 452, 506 IPC - FIR does not specifically show that it is petitioner, who had caused grievous injury, although he is specifically named in FIR - Fit case for grant of anticipatory bail - Bail granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of proceedings - Rape - Accused marrying complainant - Grave and serious offences as one u/s 376 IPC cannot be subject matter of quashment of proceedings on the ground of settlement between accused and victim - However, exception to said approach could be in cases where accused has..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4 -- Kidnapping and rape - Settlement - Accused marrying complainant - Quashing of proceedings - Dispute settled amicably - Victim has no grievance against accused - Proceedings quashed, as otherwise it will..........
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Anticipatory bail - Recovery of opium - Petitioner not arrested at the spot and has been nominated as accused on the basis of disclosure statement of co-accused - Admissibility and veracity of which is yet to be tested - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle involved in NDPS case - No confiscation proceedings are pending qua vehicle in question and same is case property only - If vehicle remain parked in police station, same shall gather rust and shall not remain useful -..........