Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Commercial quantity - Bail - Accused has already remained behind the bars for almost 1 year 2 months and 11 days - Investigation has been concluded, challan stands filed and charges framed - None of PWs out of 12 have been examined so far and..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - It is discretion of Magistrate to direct complainant to examine witnesses instead of directing an investigation - However, discretion cannot be exercised arbitrarily...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Direction for investigation - Allegations when warrant recovery of documents or other material objects which are in physical possession of accused or other persons then investigation is to be ordered as in such a case complainant will not be in a position to retrieve the relevant evidence..........
Indian Penal Code, 1860, Section 228A -- Non-disclose of identity of rape victim - Directions issued to investigating agency/police authorities and all Courts in State of Maharashtra that : (i) Identity of victim should not be disclosed by any of authorities in charge sheet; (ii) further direction issued to all concerned agencies who are dealing with investigation of crime..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2), 3(2)(va), 18, 18A -- Anticipatory bail - Rape - Investigation of case is done and charge sheet is also filed - Mobile phone of accused is seized and he is corroborating with investigation - Physical custody of accused is..........
Criminal Procedure Code, 1973, Section 156(3), 174 -- Registration of FIR - Case can be registered for investigation by lodging FIR on receipt of information about commission of cognizable offence, even without conclusion of inquest proceedings initiated u/s 174 Cr.P.C...........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Court has to record valid reasons while forming an opinion of not accepting repeated closure reports submitted by investigating agency and for passing an order for further investigation...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Reasonable doubt created with regard to cause of death - Recovery of pillow and shirts containing blood stains tallied with blood group of deceased but seizure witnesses did not support case of prosecution - Seizures alleged to have been made during investigation not proved by prosecution -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Case is under investigation and no final report is filed - Quashing of FIR on the submission that parties resolved their dispute could not be considered at the crime stage, since such an exercise in cases involving offence u/s 307 IPC is..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - Broad Guidelines : (i) Power of Court to appoint Commissioner for local inspection or any other purpose provided in O.26 CPC is discretionary; (ii) discretion to exercise power U.O.26 CPC is not governed by form of suit; (iii) issue framed in the suit, or where issue is not yet framed,..........
