Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Granted with conditions : (i) Deposit of fine amount of Rs.One lakh; (ii) Surety of one lakh; (iii) Two bail bonds of Rs.Fifty thousand each - Bail granted with excessive conditions amount to refusal to grant bail - Bail order modified - Bail to continue but conditions for..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - While summoning of accused who resides outside the jurisdiction of Court in terms of S.202 Cr.P.C, it is obligatory upon Magistrate to inquire into a case himself or direct investigation be made by a police officer to such other officer for finding out whether or not there is..........
Criminal Procedure Code, 1973, Section 427(1) -- Concurrent running of sentences - Accused convicted in nine separate and distinct cases - All the convictions took place on same day - However, no specific direction was issued by trial Court within ambit of S.427(1) Cr.P.C so as to allow subsequent sentences to run concurrently - Sentences imposed on accused in nine..........
Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18(c), Drugs and Cosmetics Rules, 1945, Rule 65(5)(1)(b) -- Quashing of a criminal complaint - Impugned substance is solely used for drug manufacture, even then, the Appellants would not be liable under the Drugs and Cosmetics Act, 1940 since the Appellants already have the necessary..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Perfunctory investigation cannot be a ground either to quash criminal proceedings or even to acquit accused...........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute regarding execution of sale deed - Civil suit is pending between parties - Civil Court is therefore seized of the question as regards legality and validity of disputed sale deed - In such situation it will not be proper to permit..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Not an empty formality - Accused must be explained circumstances appearing in evidence against him so that he can offer an explanation...........
Criminal Procedure Code, 1973, Section 464 -- Omission/error in framing charge - Finding and sentence of Court cannot be invalid merely on the ground of error in framing charge or omission in framing charge - Finding and sentence will be invalid only if in opinion of Court of appeal, error or omission has occasioned failure of justice...........
Criminal Procedure Code, 1973, Section 213, 313 -- Charge - Misleading charge framed - There is every possibility of accused getting misled due to framing of incorrect charge - Most material circumstances brought on record not put to accused in his statement u/s 313 Cr.P.C. - Prejudice has occasioned failure of justice - Since, incident occurred 22 years ago, it is not..........
