Criminal Procedure Code, 1973, Section 439 -- Bail - FIR under Section 20/61/85 of NDPS Act - Contention that accused was given offer of Gazetted Police Officer or Magistrate - The independent witness joined is a pocket witness of the prosecution - Held that Gazetted Police Officer also falls within the category of Gazetted Police Officer mentioned in the Section 50 of the..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 364, 346, 466, 201, 218, 120B -- Cancellation of bail - Proper facts not brought before the Court at the time of getting bail of respondent No.2 who is Deputy Superintendent of Police - Order granting bail to respondent No.2 recalled and bail application under Section 439 of the Code rejected...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 167(5) -- As amended by Section 4 of West Bengal Act 24 of 1988 - Non completion of investigation within prescribed time of 2 years - Discharge - Time to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court' - Means only..........
Juvenile Justice Act, 1986, Section 2(h), 24, Criminal Procedure Code, 1973, Section 401 -- Contention of the petitioner before Addl. Sessions Judge that on the date of committing of alleged offence on 02.07.1993 he was below 16 - Should not have been charged and tried with other accused under section in view of provisions of Section 24 of the Act - On the basis of school..........
Criminal Procedure Code, 1973, Section 203 -- Second complaint - The order of dismissal under Section 203 of the Code is not bar to the entertainment of a second complaint on the same facts - It will be entertained only in exceptional circumstances stated...........
Criminal Procedure Code, 1973, Section 249, 320, Indian Penal Code, 1860, Section 468, 471, 474, 467 -- Complaint - Dismissal for non-prosecution - Offences non-compoundable - Learned Magistrate could not act under section 249 of the Code and dismissed the complaint for want of prosecution and in the absence of the complainant...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge under Section 304/419/34 - Petitioner holder of diploma in N.E.H.M. - Not authorized to administer allopathic medicines - Gave medicines/injections of Baralgan and Calmpose to the deceased - Held that from the acts of the petitioners the element of knowledge cannot be attributed to them - At the most the..........
Criminal Procedure Code, 1973, Section 401 -- Framing of charge - Charge framed under Section 326/324/34, 450 IPC - Held that the offence falling within the mischief of Section 326 IPC is not punishable with imprisonment for life exclusively - Offence falling within the mischief of Section 326 Indian Penal Code is punishable with imprisonment for a term upto 10 years but..........
Indian Penal Code, 1860, Section 304B, 34, 201 -- Appeal against conviction - Dowry death - Appellants husband of the deceased and father-in-law and mother-in-law of the deceased convicted by trial court - Allegation of demand of scooter by husband and alleged beating by him - Brother of the deceased visited his sister on 25.01.1994 - Unnatural death of the deceased on..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of complaint - Petition for - Petitioner, wife and respondent-husband agreed to seek divorce by mutual consent under Section 13B of H.M.A. - Respondent-husband agreed to pay a sum of Rs.2,60,000/- in full and final settlement of all claims including permanent alimony -..........
