Evidence Act, 1872, Section 112 -- DNA test - One cannot seek DNA test only in his/her attempt to fish out evidence in support of his case - Unless and until applicant makes out a strong prima facie case such an application is not liable to be allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), 27A, 28, 29, 30, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Prima facie there is sufficient material to demonstrate that A-4 was a confederate in conspiracy to export psychotropic substance - There is material to indicate that A-4 had not only arraigned foreign purchasers..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), 27A, 28, 29, 30, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Statement of A-1 recorded u/s 67 of NDPS Act prima facie rules out the involvement of A-5 - Transcripts of whatsapp conversation between A-1 and A-5 does not indicate prima facie that A-5 was privy to alleged..........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - In order to bring home said charge, complainant would be required to prima facie prove not only the presence of accused persons, but the overt act or omission of accused in the second marriage ceremony and also establish that such accused were aware about the subsisting marriage of..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No case of prosecution that any of condition so stipulated while granting bail has been violated or there has been infraction of any of conditions so imposed - In the absence of there being a strong prima facie case on the conditions of bail having been violated, it would not be appropriate for said..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Summoning of accused - For summoning of an accused, prima facie case is to be made out on the basis of allegations in the complaint and pre-summoning evidence led by complainant...........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute offence u/s 494 IPC second marriage should have been celebrated with proper ceremonies and in due form - `Saptapadi' ceremony is one of the essential ingredients to constitute a valid marriage - Said evidence lacking - Also there is no such averment in the complaint as well as in the statement u/s 200 and 202..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation of second marriage is a bald allegation without corroborative materials - No prima facie offence is made out against accused - Criminal proceedings against accused initiated by complainant u/s 494 IPC is nothing but a malicious prosecution with an ulterior motive, which is clear abuse of process of Court -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners were duly exonerated in final report presented u/s 173 Cr.P.C - There is lack of cogent evidence which can establish more than prima facie case against petitioners - Order allowing application u/s 319 Cr.P.C. set aside...........
Prevention of Money Laundering Act, 2002, Section 3, Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Offence u/s 3 of PMLA - If Special Court is of the view that no prima facie case of an offence u/s 3 of PMLA is made out, it must exercise the power u/s 203 Cr.P.C to dismiss the complaint - If a prima facie case is made out, special Court can take..........
