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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..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance - Order of remand to judicial custody - Does not amount to taking cognizance of an offence...........
KERALA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 267, 73-- Production warrant - Accused already under remand - If another case is registered against him in another Magistrate's Court then that Magistrate is justified in issuing production warrant for the purpose of investigation in that case...........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 386, 401-- Conviction - Appeal - Remand by lower appellate Court on ground that word 'insect infestation' not put in statement u/s 313 Cr.P.C. - Held, lower Appellate Court can remand case for hearing when either whole trial is illegal or non curable defect has occurred which has caused prejudice to accused..........
DELHI HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 167-- Remand - Requirement of sending case diary alongwith remand request is mandatory...........
DELHI HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 167, Evidence Act, 1872, Section 114-- Remand - Considered the prayer and remanded accused to judicial custody - Considered means, deemed; determined; adjudged; reasonably regarded and the expression 'Heard' has a similar meaning - Contention that remand was granted on request not accompanied by case diary which is mandatory - No..........

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