Criminal Procedure Code, 1973, Section 439 -- Bail - Accused in custody since 12th January, 2021 - Matter under investigation - That itself is not sufficient ground to deny personal liberty to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 332, 353, 186, 379B, 307 -- Bail - Offence u/ss 148, 149, 332, 353, 186, 379-B, 307 IPC - Petitioner along with some workers were making a peaceful protest outside factory premises regarding non-payment of wages - Whether line for peaceful protest was crossed in alleged incident or not,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - FIR referred presence of PW1 and PW2 - Substantive testimony of these two witnesses discloses that accused had opened an assault on deceased which led to his death - Assertion on part of PW1 that her earlier statement recorded during investigation was read over to her does not mean that she was tutored to follow line of..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Re-investigation - Power of re-investigation is not available to Magistrate and can be exercised only by a superior Court...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Re-investigation - Not permissible that too at behest of a new authority without there being anything on record to have suggested that there is a valid ground for re-investigation...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Anticipatory bail - Offence u/ss 20, 29 of NDPS Act - Main accused already released on bail - He joined investigation and his custodial interrogation is not required - Considering status report filed and submissions by I.O. petitioner ordered to be released..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 419, 471, 120B -- Quashing of FIR - Cheating - Contents of FIR prima facie constitute cognizable offence - Other alleged grounds for quashing FIR can only be disclosed after due investigation - Investigation is in domain of Investigating Agency and Courts are not supposed to interfere in..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Deceased died homicidal death - PW1 found accused was emerging from the house of deceased after the incident with a knife - Clothes of accused were found to be stained with blood of human origin though no opinion as to its origin could be given - Knife was seized in course of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418, 465, 193, 196 -- Quashing of FIR - Cheating - Case is of the year 2017 and almost three years is completed but there is no progress by investigating agency either to file charge sheet u/s 173(1) Cr.P.C or to file any report as under relevant provisions of Cr.P.C - However, duty is cast..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 201, 204, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d), Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused was not named in FIR and during investigation he had fully cooperated and participated and his statement u/s..........
