Indian Penal Code, 1860, Section 457, 380 -- Offence u/ss 457, 380 IPC - Recovery of one computer and black coloured shirt effected from room of accused which was worn by accused during incident in pursuance of corroborations made in the light of CCTV footages of bank - All these seizure from room of accused indicates that he is sole miscreant who committed crime - Accused..........
Criminal Procedure Code, 1973, Section 457, 102 -- Release/de-freezing of bank account - Neither ingredients of S.102 Cr.P.C are existing to empower Police Officer to seize bank accounts of petitioner nor any nexus or link is pointed out, much less established by investigating agency between offence committed by accused and operation of bank accounts concerned - There is..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles - During pendency of investigation - Seized articles cannot be released by Court u/s 451 Cr.P.C at the stage of investigation - However, u/s 457 Cr.P.C, Court has jurisdiction to give custody of seized property/articles at the stage of investigation when those articles are not produced before..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Application for release of vehicle cannot be rejected on the ground of identification, as photographs of vehicle with panchnama by I.O can be taken while releasing vehicle...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in offence u/ss 307, 341, 506, 34 IPC - Magistrate or Court has power to dispose of application for releasing vehicles to RC owners by imposing certain conditions - Rejection of application for releasing the vehicle thus, not proper - Application allowed...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Magistrate/special Judge NDPS Act shall have power to consider the application for interim custody of conveyance/vehicle under the provision of Ss.451, 457 Cr.P.C...........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Condition of furnishing bank guarantee - Neither allegation in FIR that car in question procured by cheating complainant nor it is the case that accused has used the car for purpose of cheating complainant - Seizure of car u/s 102 Cr.P.C is thus, unwarranted - More so, even the condition of..........
Indian Penal Code, 1860, Section 376, 511, 354, 457 -- Nature of offence - Accused who was nephew of prosecutrix tried to commit trespass by entering her house and tried to molest her - But in the process when prosecutrix tried to catch him, he ran away - Offence u/ss 376, 511 IPC rightly not made out against accused - Even, offence u/s 354 IPC also not made out - However,..........
Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 380, 457 -- Confession before police - Offence u/ss 380, 457 IPC - Accused had not made any disclosure statement u/s 27 of Evidence Act - He confessed to the police his guilt after the I.O interrogated him - Such confession is barred u/s 25 of Evidence Act and cannot be legally admissible and has to be..........
Indian Penal Code, 1860, Section 380, 457 -- Offence u/ss 380, 457 IPC - Circumstantial evidence - Allegation that accused being pujari of temple committed theft in temple - Recovery of Rs.14,300 from residential quarter of accused is the evidence against accused in which his son was also residing - Currency notes were lying in different pages of religious books in the..........
