Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 34 -- Bail - Abetment of suicide - Petitioner is in custody since 17.1.2020 - He is not involved in any other case and is no more required for further investigation - More so, there is no direct allegation against petitioner of extending any threat, as he himself is a victim and was under..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Court is not obliged to hear accused before any direction for further investigation is made...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation qua co-accused - Impleadment of accused as a party - Accused against whom no relief is sought for further investigation u/s 173(8) Cr.P.C, has no locus and/or any say in application for further investigation u/s 173(8) Cr.P.C - He is neither a necessary party nor proper party - Even proposed accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kg 300 gm opium - Non-association of independent witnesses - Two Courts below reposed confidence in deposition of PWs - Efforts were made by I.O but none of independent witness joined investigation - Since contraband was proved to be recovered from bag of accused, accused rightly convicted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Recovery of 938 tables Nitrosu, 10 - Petitioners are in judicial custody since Aug 2019 - Investigation is complete and report u/s 173(2) Cr.P.C stands filed - Petitioners are permanent resident of address mentioned in memo of parties, therefore their..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 27 -- Quashing of FIR - Offence u/ss 25, 27 of Arms Act - Prima facie it reflects that 32 bore pistol seized from possession of A-1 along with three live cartridge - Strong case found against A-1 and he received pistol from his friend A-2 and on basis of that statement A-2 was inducted as accused -..........
Criminal Procedure Code, 1973, Section 190, 2(d), Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Investigation of non cognizable offence and charge sheet filed of non cognizable offence - Charge sheet be treated as complaint - Order taking cognizance set aside - Trial Court to proceed in the case as a complaint case...........
Criminal Procedure Code, 1973, Section 227, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Discharge - Offence u/ss 3, 4 of PMLA - Several documentary evidence made available against accused in the form of confession statement of A-1, husband of accused as also confession statement of accused herself - Materials gathered by complainant against accused have to be..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 3(1)(vii) -- Anticipatory bail - Offence u/ss 3(1)(x), 3(1)(vii) SC & ST Act - Petitioner is working as subordinate to complainant and had given a complaint regarding sexual harassment on which inquiry has been ordered - Even, as per..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Petitioner is joining and co-operating in investigation, he is not in a position to tamper with prosecution evidence nor in a position to flee from justice - Custodial interrogation of petitioner is not at all required by police - Co-accused is..........
