Showing : 71-80 of 104 Results

ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 167-- Remand to judicial custody - While granting remand Magistrate is to go into the case diary - Magistrate is not bound to accept the opinion expressed by the Investigation officer in remand application - If the material available in the case diary is not sufficient to send the accused in judicial or..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 167(2), 309(2)-- Remand - Pre and post cognizance stage - There is distinction between the two - Remand at pre-cognizance stage is made in terms of S.167(2) Cr.P.C. and remand at post-cognizance stage is u/s 309(2) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Maharashtra Control of Organised Crime Act, 1999, Section 21, Criminal Procedure Code, 1973, Section 167(2)-- Offence under MCOC Act - Filing of charge-sheet - Time for - Held, S.167 of the Code and S.21 of MCOC Act deal with power of remand - Provisions of S.21 of MCOC Act must be read in light of S.167 of the Code - S.167(2) of the Code itself indicates that power of remand has to be exercised from time..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 167(2), 309(2)-- Charge sheet filed - Cognizance of offence taken - Accused on bail - For further investigation police remand for custodial interrogation cannot be granted without cancelling bail...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439-- Application for regular bail - Maintainability - Police remand granted by Magistrate - Held, during this period also, application u/s 439 of Criminal Procedure Code is maintainable in Sessions Court - Sessions Court cannot reject application for bail on the ground that applicant is on police..........
PATNA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173(2)-- Chargesheet filed by Inspector CID - Inspector CID not officer in charge of police station - Remanding back of the case to the officer in charge sought with a view to obtain his opinion whether chargesheet should have been filed or not - Remand plea declined...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 368B, Indian Penal Code, 1860, Section 408, 462-- Order of remand by first appellate Court - High Court holding this was impermissible in law - Having held so, High Court ought to have examined the case on merits - Impugned order of High Court set aside and matter remitted to High Court for a decision on merits...........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 167-- Remand to judicial custody - I.O. had sought remand only u/ss 325, 323, 506, 452 IPC - Magistrate perused the relevant police papers and came to conclusion that offence u/s 326 IPC was also made out and passed judicial remand u/s 326 IPC - Legality of - Held, Magistrate has not exceeded its..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 167(2), 309(2)-- Remand - S.167(2) is applicable when cognizance is not taken and it is S.309(2) which is attracted where cognizance is taken...........
GAUHATI HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Duty of appellate/revisional court - Held, if an appellate court or revisional court finds that a trial court has not put any question to accused even if it was of a vital nature, such omission alone should not be made a ground to set aside conviction and sentence as an..........

Showing : 71-80 of 104 Results