Criminal Procedure Code, 1973, Section 451 -- Seized property - Sale of property which is not subject to speedy and natural decay, shall not be permitted or ordered as a matter of course - It is necessary that Court shall be satisfied that it is expedient to sell property in given set of facts and circumstances...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Interim custody - Preservation of property during trial of case - It is not necessary that original property inevitably has to be preserved and produced - Reception of secondary evidence is permissible - Instead of producing original property production of photographs of property, depicting all..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized ornaments - Condition not to alter or dispose of silver and gold ornaments till final disposal of case - Ornaments were articles of business conducted by petitioner which were robbed from his possession - If petitioner is not granted permission for sale of ornaments, it would cause undue hardship to him - He..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Recovery of 5 kg 10 gms Opium - Recovery effected from Truck - Accused `L' neither owner of truck nor police has collected any evidence to connect him with the recovery of contraband - Question as to whether he was working as conductor over truck and was..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 498A, 306 -- Discharge - Cruelty - Abetment of suicide - Death by burning - Deceased was immediately after having suffered burns, admitted to hospital - She herself stated before Medical Officer that she accidentally caught fire when she was carrying a can of kerosene oil to her kitchen for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 385, 464, 471, 472, 474, 120B -- Quashing of proceedings - Offence u/ss 363, 366, 385, 464, 471, 472, 474, 120-B IPC - Compromise arrived at between parties - Though offence in question are non-compoundable, but since compromise is arrived at between parties and complainant does not want..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Complaint filed by brother of sole proprietor of medical shop who was asked to vacate shop under directions of VC of petitioner/college - Allegations of destruction of medicines and other goods of shop by persons of college - Moreover, complaint not filed by sole proprietor to avoid liability to pay..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witnesses - Application u/s 311 Cr.P.C can be filed at any stage of trial even after final arguments but before pronouncement of judgment and mere delay is not decisive of question of summoning of witnesses...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Concurrent findings of two Courts can be interfered with only if decisions rendered by two Courts below can be said to be either perverse, arbitrary or capricious...........
