Showing : 1-10 of 42 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 451, 482-- Offence u/ss 41, 52, 52-A of Indian Forest Act and Ss.27, 29, 39(1)(d), 51, 52 of Wildlife Protection Act - Release of seized vehicle - Dismissal of application by Magistrate and Session Judge - Application u/s 482 Cr.P.C allowed - As per the provisions of Forest Act and Wildlife Protection Act it..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 41-- Arrest - Mere rejection of anticipatory bail application of accused is no ground to arrest accused - Dismissal of said application leaves accused unprotected against his arrest, but it does not visit accused with inevitable consequence of his being taken into custody by police...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2)-- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - In present case, case diary was written in Marathi and its translated version was not available - Magistrate failed to comprehend as to..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2)-- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - Magistrate before whom a transit application is filed, is not required to merely satisfy himself that an offence has been committed and..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 41(1)(ba), 167-- Transit remand - Provision of S.41(1)(ba) Cr.P.C. requires Magistrate that remand is being sought because of the reasonable suspicion that person arrested has committed a cognizable offence punishable with an imprisonment for a term exceeding seven years and that investigating has `credible..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43, Criminal Procedure Code, 1973, Section 482-- Contraband - Validity of search and seizure - Quashing of proceedings - Admittedly, 107 kg of poppy straw was seized during routine nakabandi without prior information from a vehicle in transit through National Highway, a public place - Manifestly, the entire search and seizure proceedings would..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 2(c), 41(1)(b), 41(1)(b)(a), 157(1), 173(2)(f), 173(2)(g)-- Arrest - Investigating agency is not obliged to arrest accused whenever cognizable offence is registered - Discretion to arrest accused has to be exercised by investigating agency by applying principles laid down in the Code itself...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 41, 157-- Arrest of accused during investigation - As per evidence on record, it does not show as to on what basis accused was arrested as neither he is named in FIR nor police having anything against him - Hence, his arrest without there being any evidence and without his being named in FIR will certainly..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 41A-- Forged documents - In the absence of original forged documents, discretion lies with I.O. u/s 41-A whereas having the possession of original forged documents takes way discretion of I.O. and he is duty bound to arrest the accused...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 41A, 202-- Notice u/s 41-A Cr.P.C. - Cannot be issued to proposed accused by a police officer in the course of investigation u/s 202 Cr.P.C...........

Showing : 1-10 of 42 Results