Criminal Procedure Code, 1973 — S. 482 and Ss. 227 & 228 — Quashment
Stage of framing of charge: Principles that must keep in mind by High Court while exercising jurisdiction under S. 482 at the stage of framing of charges. Held, High Court…
Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail
In this case, as High Court exercised its power of granting ad interim protection from arrest to accused without recording any reasons,, the least that is expected by the High…
Criminal Procedure Code, 1973 — S. 439 — Bail — Whether circumstances had changed sufficiently to warrant grant of bail when successive bail applications were filed upon denial/cancellation of bail on earlier occasions
Bail was granted by High Court on fourth bail application of accused without assigning any reasons. Accused, main conspirator in crime led to killing of one person. Earlier grant of…
Criminal Procedure Code, 1973 -Determination and payment of compensation as a pre-condition for grant of bail [Ss. 439, 357, 250(1), 372 and 235(2)]
Held, The objective is clear that in cases of offences against body, compensation to victim should be methodology for redemption. Hence compensation cannot be determined at stage of consideration of…
Juvenile Justice (care and Protection of Children) Act, 2000-explanation of section 20
Held, in terms of Sec 20, in all cases where the accused was above 16 years but below 18 years of age on the date of occurrence, the proceedings pending…
Criminal Procedure Code, 1973- Bail under section 439- Principles reiterated relying on Prasanta Kumar Sarkar V. Ashis Chatterjee and catena of other decisions
According to the prosecution, the accused along with other persons operate an organized crime gang in Azamgarh that allegedly commits offenses punishable under Chapters 16, 17, and 22 of the…
Criminal Procedure Code, 1973-Quashing of FIR and cross FIR under Ss. 482 and 173- Quashing by High court on wholly unreasonable and legally unjustifiable grounds
In the facts of the present case, the finding recorded by the High Court that the 2nd FIR was not registered immediately, cannot be justified, primarily because the matter relating…
Protection of Children from Sexual Offences Act 2012-Acquittal by the High Court on the ground that there was no physical contact i.e. skin to skin- Notice issued
It was brought to the notice of this court that a judgment dated 19.01.21 passed by the High Court of Judicature at Bombay, Nagpur Bench, in Satish v. State of…
Criminal Procedure Code, 1973-bail under Sec 43-D(5) r/w Ss. 17/18/21 Unlawful Activities (Prevention) Act 1967
There was an allegation of terror funding as the accused allegedly paid levy/ extortion amount to certain terrorist organizations. Sec 43-D (5) proviso entails expression “prima facie true” as in…
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…