Showing : 1-10 of 10 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 41A-- Notice of appearance - Petitioner had at no time appeared in person before I.O/Economic Offences Wing (EWO) and sent response through an advocate - No reason as to why petitioner not appearing before EWO especially in terms of S.41-A Cr.P.C. - Petitioner directed to appear before I.O to join..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 41A-- Cheating - Mere mentioning of S.467 IPC ipso facto doe snot take away power of I.O. to invoke provision of S.41-A Cr.P.C...........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 41A, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 34-- Mere allegation of S.467 IPC in the FIR or the complaint, in the absence of original documents claimed to be forged, does not debar police to apply S.41-A of the Code...........
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...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 41A, Indian Penal Code, 1860, Section 341, 323, 354, 345D, 506-- Arrest - Offence u/ss 341, 323, 354, 345-D, 506 IPC - I.O. is satisfied that petitioner was threatening de-facto complainant and her witnesses - Said satisfaction borne out from general diaries lodged by her and upon inquiring into such complaints - I.O. rightly concluded that it is necessary to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 41, 41A, Constitution of India, 1950, Article 21-- Arrest and detention - Arrest of two ladies, a doctor and a practicing Advocate - Number of violations in the arrest and seizure - Circumstances in no case justify the manner in which petitioners were arrested - Violation of Article 21 of the Constitution as petitioners were compelled to face..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 41-- Arrest without warrant - For ensuring that police officer do not arrest accused unnecessarily and magistrate do not authorise detention casually and mechanically, Supreme Court issued the following directions: (a) All State Governments to instruct its police officers not to automatically arrest..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 41, 41A, Constitution of India, 1950, Article 21-- Arrest in cognizable offences - Duty of police - Held, it is compulsory for police to record reasons for making arrest as well as for not making an arrest in respect of a cognizable offence for which maximum sentence is upto seven years...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 41(1)(b), 41A-- Remand of accused - Accused wanted in a case punishable with less than 7 years imprisonment having no criminal antecedents - High Court directed SO not to take accused person in custody in violation of S.41(1)(b) CrPC - Application filed before Magistrate not to grant judicial remand of accused..........

Showing : 1-10 of 10 Results