Criminal Law

Valid grounds for entitlement to bail under section 439 of Criminal Procedure Code 1973

The appellant got a contract for the supply of radar stations when after eight years it was alleged that there were fraud and cheating and the appellant was booked under sections 406,409,420,465,468,471 and 120-B of the Indian Penal Code 1860 and section 13(1)(d) of Prevention of Corruption Act, 1988. Bail was denied by the session […]

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Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings under Ss. 419, 420, 323, 504 and 506 IPC

It was held that even if all the allegations in the complaint taken at the face value are true, the basic essential ingredients of cheating are missing, as it could not be said that averments in FIR and allegations in the complaint against appellant constituted offenses thereunder, therefore, this case was fit for High Court

Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings under Ss. 419, 420, 323, 504 and 506 IPC Read More »

Criminal Procedure Code, 1973 — Ousting the statutory restrictions under S 43-D(5) of the UAPA for Grant of bail under sec S. 439 on grounds of violation of Part III of the Constitution

The court held that “whereas at the commencement of proceedings, the courts are expected to appreciate the legislative policy against grant of bail but the rigours of such provisions will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a

Criminal Procedure Code, 1973 — Ousting the statutory restrictions under S 43-D(5) of the UAPA for Grant of bail under sec S. 439 on grounds of violation of Part III of the Constitution Read More »

Criminal Procedure Code, 1973 — Power to summon material witness, or examine person present under S. 311

Principles summarised regarding object and scope of S. 311 and power and duties of court while exercising discretion under S. 311 CrPC. “The aim of every court is to discover the truth. Section 311CrPC is one of many such provisions which strengthen the arms of a court in its effort to unearth the truth by

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Bail during pendency of appeal Sec 389- Reference to decision of this court in Babu Singh v. state of UP (1978) 1 SCC 579

It is stated that the appellants have been released on temporary bail, furlough and parole on several occasions and there is no report of their having misconducted themselves or indulged in any criminal activities. The appellants were directed to be released on bail subject to the conditions that they shall not enter the state of

Bail during pendency of appeal Sec 389- Reference to decision of this court in Babu Singh v. state of UP (1978) 1 SCC 579 Read More »

Criminal proceedings for giving false evidence in court under section 340 read with sec 195(1)(b) of CrPC

The Supreme court granted relief of clubbing together the two suits pending before the trial court. The respondent in his application stated certain facts that were not accurate. The explanation offered by him in his rejoinder seemed reasonable more particularly when he has tendered unconditional apology in his rejoinder. No prima facie case is made

Criminal proceedings for giving false evidence in court under section 340 read with sec 195(1)(b) of CrPC Read More »

Ss. 200 to 204, 156(3), 173, 300 and 362- Protest petition can always be treated as a complaint and proceeded with in terms of Ch XV CrPC. The second complaint/ Protest petition is maintainable only if the first petition has been filed without furnishing the full facts/ particulars necessary to decide the case

Referring to Shivshankar Singh v. State of Bihar (2012) 1 SCC 130, this court observed that it is evident that the law does not prohibit filing or entertaining of the second complaint even on the same facts provided the earlier complaint has been decided on the basis of insufficient material or the order has been

Ss. 200 to 204, 156(3), 173, 300 and 362- Protest petition can always be treated as a complaint and proceeded with in terms of Ch XV CrPC. The second complaint/ Protest petition is maintainable only if the first petition has been filed without furnishing the full facts/ particulars necessary to decide the case Read More »

Crimes against women and children

Protection of women from Domestic Violence Act,2005-Ss. 18 and 20, the court has to be prima facie satisfied that there have been instances of Domestic Violence– there are no specific allegations as to how other relatives of Appellant 14 (husband) have caused the acts of Domestic Violence- the criminal case of domestic violence against them

Crimes against women and children Read More »

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