Criminal Procedure Code, 1973, Section 406 -- Transfer of case from Delhi to Allahabad - Cause of action as per FIR alleged to have arisen in Delhi where matrimonial home of petitioner is situated - Most of PWs are situated in Delhi - 12 official witnesses are serving in Delhi - If transfer petition is allowed, they would be required to travel from Delhi to Allahabad which..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 307, 323, 342, 147, 148, 149, 508 -- Cancellation of bail - Double murder case - Accused granted bail on basis of parity with co-accused - However, bail granted to co-accused was cancelled - Since bail was sought by accused on a footing of parity, bail granted to accused also stands..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 20(b)(ii)(A), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of charas - Applicant is a German national working as qualified Audio Engineer and a roofing specialist - He came to India for first time for tourism purpose - There are no criminal antecedents of applicant - Contraband was..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Does not comes to an end with filing of charge-sheet...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Evidence of accused or defence evidence and any question of fact cannot be determined at the stage u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 407, 468, 471, 260, 263Ka -- Quashing of charge sheet - Cheating - Fake stamps - Allegations made in FIR show that victim incorporated ingredients necessary for prosecuting accused for offence alleged - Question whether complainant will be able to prove allegation in the manner known to..........
Criminal Procedure Code, 1973, Section 482 -- Protection from arrest - Blanket direction of protection from arrest not to be passed by High Court while rejecting application for quashing of FIR...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149 -- Bail - Double murder case - Accused specifically named in FIR, which was lodged shortly after the incident - Father and uncle of complainant died - Issue as to whether there was a grave and sudden provocation is a matter of trial - High Court was not justified in..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim u/s 164 Cr.P.C - Rape case - Statement of victim recorded u/s 164 Cr.P.C as substantive evidence in chief - This is absolutely in contravention of scope of evidentiary value of a statement u/s 164 Cr.P.C and against principles of examination, cross-examination and re-examination of witness under Evidence Act..........