Criminal Procedure Code, 1973, Section 144 - - Fast unto death by Baba Ramdev and his supporters at Ramlila Maidan - Invocation of provisions of S.144 Cr.P.C. - Forcible eviction and dispersion of persons by Police at midnight by use of tear gas, water cannons and finally lathi charge - Legality of - Held, action demonstrates the might of State and was an assault on the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 468, Criminal Procedure Code, 1973, Section 439 -- Bail - Factors to be considered while granting bail - Held, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of merits of case need not be undertaken but reasons be indicated why bail was..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Parameters for grant of bail are tampering with evidence or investigation and absconsion - Tampering with evidence or investigation no longer relevant as charge sheet already filed - Possibility of absconsion is remote of a sitting MLA - Bail granted...........
Criminal Procedure Code, 1973, Section 173, 190(c), 200 -- Police investigated matter - Submitting closure report - Closure report rejected by Magistrate - Magistrate directed police to submit charge-sheet - Validity of - Held, Magistrate while disagreeing with final report/closure report can take cognizance but cannot direct police to submit charge sheet...........
Criminal Procedure Code, 1973, Section 173, 190, 202, 203 -- Closure report - Procedure to be followed by Magistrate - Held, Magistrate may not agree with police report and direct an enquiry u/s 202 and after such enquiry take action u/s 203 - He is also entitled to take cognizance u/s 190 Cr.P.C. at once if he disagrees with adverse police report but even in this..........
Criminal Procedure Code, 1973, Section 173, 200 -- Investigation by police - Report to Magistrate - Cognizance of case - Held, at stage of taking cognizance or refusing to take cognizance, only prima facie case has to be seen by Court - Court will not enter into correctness of allegation levelled in FIR - However a complaint case requires an enquiry by Magistrate u/s 200..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Cancellation of bail - Murder due to political rivalry - Accused a sitting M.P. - Charge-sheet filed - Accused alleged to be giving threatening calls - Held, if complainant received any fresh threat from accused in such event trial Court is free to take appropriate steps - Merely on basis..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Murder case - FIR against unknown persons - Charge sheet filed - Appellant not named an accused - CJM committing the accused to the Court of Sessions - Summoning in a private complaint against persons left out by police in the course of investigation - Summoning order quashed - Once the..........
Criminal Procedure Code, 1973, Section 464 -- Charge - Omission to frame - Effect of defect thereof - Held, a finding or sentence of a Court shall not be set aside merely on the ground that a charge was not framed or that charge was defective unless it has occasioned in prejudice - Because of a mere defect in language or in narration or in form of charge conviction would..........
Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 304(Part II) -- Charge - Defect therein - Rash and negligent act - Death - Accused alleged to have driven his car in a rash and negligent manner and caused death of 7 persons and injured 8 others - At time of incident, accused found to have consumed alcohol - Charge framed u/s 304(Part II) IPC -..........
