SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 177, 178-- Offence u/ss 304-B, 498-A, 34 IPC - Territorial jurisdiction - Suicide was committed at place `A' - Police at place `A' closed the case after inquiry u/s 174 Cr.P.C., as none of family members of deceased raised any suspicion over death of deceased - There is no evidence of it being a continuing..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 154-- Offence u/ss 304-B, 498-A, 34 IPC - Delay of 5 years in lodging FIR - Case under alleged offence closed after inquiry u/s 174 Cr.P.C. - FIR lodged after five years of closing of said case on the basis of letters received by brother of deceased - Neither at the time of death of deceased nor before..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Appellate Court is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court below are found to be just and proper...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 451-- Release of seized vehicle - Except for special reasons to be recorded for not doing so, till disposal of trial, Court must exercise its discretion expeditiously and judicially in releasing the custody of vehicle in favour of its registered owner after verifying the papers of ownership, insurance,..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23-- Release of seized vehicle - Offence u/s 8, 20, 23 of NDPS Act - Refusal to release vehicle may not be justified merely because some contraband is alleged to be recovered from vehicle or vehicle could have been subjected to confiscation, particularly when no proceedings of confiscation were..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 174-- Scope - Proceedings u/s 174 Cr.P.C. have a very limited scope - Object of proceedings is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of the death - Question regarding details as to how deceased was..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 177, 178-- Territorial jurisdiction - There is no absolute prohibition that offence committed beyond the local territorial jurisdiction cannot be investigated, inquired or tried - However, after investigation is over, if officer arrives at the conclusion that cause of action for lodging FIR has not arisen..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 174, 154-- Inquiry - Investigation on an inquiry u/s 174 Cr.P.C. is distinct from investigation u/s 154 Cr.P.C. relating to commission of a cognizable offence - Since there was no FIR registered nor any report u/s 173 Cr.P.C. was submitted, challenge to FIR lodged after closing of case on earlier enquiry..........
PATNA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 239-- Discharge - Dismissal of application - In the instant case, complainant alongwith his father got sale-deed executed in their favour and thereafter accused entered into criminal conspiracy by getting Mahadanama executed by wife of landowner in the name of father of accused - Since, activity of..........
PATNA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 323, 26-- Case and counter case - Trial be conducted by same Court, Irrespective of its nature - Case triable by Magistrate can even be tried by Court of Session in terms of power being entertained by the Court of Session according to S.26 of the Code...........