Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 120B -- Quashing of summoning order - Offence u/ss 406, 120-B IPC - Court below while summoning accused did not look into entire material in terms of police report which is on record and also did not question and try to elicit as to whether articles were demanded - No statement with regard to..........
Criminal Procedure Code, 1973, Section 406 -- Transfer petition - Supreme Court has power to transfer case and appeal and not investigation of a case...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
Criminal Procedure Code, 1973, Section 437(1) -- Proviso - Bail - Simply because petitioner is a woman, she is not entitled to bail, as it is discretion of Court to decide whether a woman is to be released on bail in facts and circumstances of each case...........
Criminal Procedure Code, 1973, Section 437, 439 -- Two bail applications - Common order can be passed by Sessions Court in two bail applications filed by petitioner in two separate crimes...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 109 -- Default bail - Murder - Petitioner was arrested on 9.3.20 - Final report filed on 18.6.20 after lapse of 90 days - Before final report filed, petitioner moved Court seeking bail - Petitioner entitled to be released on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Notice and hearing of de facto complainant - Court need not issue a notice to de facto complainant suo motu or direct accused to implead a de facto complainant in a bail application except in cases in which Criminal Procedure Code and other Acts insist so or bail court feel that de facto complainant is also to be heard..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 340, 351, 506, 34 -- Quashing of complaint - Offence u/ss 340, 351, 506, 34 IPC - General allegations made in complaint that complainant was wrongfully restrained - Place of occurrence was very close to property of accused - Even if accused was present at the spot, he cannot be faulted since he..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Person sitting in another country cannot file an application u/s 438 Cr.P.C, before High Court apprehending arrest...........
