Criminal Procedure Code, 1973, Section 82, 83, 84 -- Absconding person - Attachment of property - Procedure for - Held, after issuance of proclamation u/s.82 Cr.P.C., Court can proceed to attach property of accused u/s.83 Cr.P.C. - S.84 Cr.P.C. makes it clear that objections to the effect that property does not belong to accused can also be raised within six months after..........
Constitution of India, 1950, Article 32 -- Murder case - Monitoring of investigation - Murder of political leader in broad day light - Investigating agency showing slackness and disinterest in investigation - Some of accused persons absconding - Held, Joint Director CBI directed to monitor investigation done by CBI - Trial commenced against some accused persons directed to..........
Indian Penal Code, 1860, Section 302 -- Murder - All the witnesses of arrest memo turned hostile - Material witnesses of extra judicial confession and last seen not produced by prosecution - Fact of absconding of accused is doubtful - Circumstances proved against accused are not sufficient to bring home his guilt - Conviction and sentence set aside - Appeal allowed. (Paras..........
Indian Penal Code, 1860, Section 302, 397 -- Murder and Robbery - Circumstantial evidence - Accused and co-accused being close relations of deceased gained friendly entry to his house, slit throat of deceased and decamped with valuables including Indian and foreign currency - No independent witness joined at the time of arrest - Accused was present at the place of incident..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Absconding from seen of crime - Effect - Held, mere absconding cannot from the fulcrum of a guilty mind but it is a relevant piece of evidence to be considered along with other evidence and its value would always depend the circumstances of each case...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 - - Proceedings u/s.7 - Absconding detenu - Challenge to detention orders - Live nexus theory - Held, those who have evaded process of law shall not be heard to say that their fundamental rights are in jeopardy - At least, where proceedings such as the one contemplated u/s.7 of..........
Criminal Procedure Code, 1973, Section 223, 477 -- Criminal Rules of practice in Kerala, R.16 - - Application for splitting of case - Rejection of - Validity - Passage of four years since filing of charge-sheet - Charge could not be framed - Summons could not be served on accused who was in foreign country - Process of his extradition was lengthy process - Rejection of..........
Criminal Procedure Code, 1973, Section 82, 83 -- Absconding accused - Attachment of property - Held, if proclamation u/s.82 Cr.P.C. is not affixed at some conspicuous part of house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village, then no order u/s.83 can be passed...........
Absconding -- By itself does not prove the guilt of a person - A person may run away due to fear of false implication or arrest...........
Criminal Procedure Code, 1973, Section 482, Evidence Act, 1872, Section 25 -- Quashing of FIR - Exercise of power - Held, ordinarily, Court would not entertain a request to quash FIR and/or investigation and/or proceedings at the behest of a person who is not available or does not make himself available or does not co-operate in process of investigation or in inquiry or..........
