Criminal Procedure Code, 1973, Section 154, 177, 178 -- FIR - Registration of FIR is mandated when information of cognizable offence is received - At the stage of investigation, it cannot be said that concerned police station does not have territorial jurisdiction to investigate the case...........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(c) -- Recovery of 48 kg 200 gms Ganja, from house of accused - Ownership and possession of house - Accused held guilty as his name was recorded as owner of house in voters list of 2008 - Accused produced sale agreement - Voters list entry of 2008 being prior to sale is of no consequence -..........
Criminal Trial -- Use of media - Police or any other agency cannot use media to influence public opinion to accept that the accused is guilty of an alleged offence while the matter is still being investigated - The same is not only likely to subvert the fairness of the investigation but would also have the propensity to destroy or weaken the presumption of innocence,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Petitioner is 24 years old and he is a permanent resident of District concerned and neither in a position to flee from justice nor in a position to tamper with prosecution evidence -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 18 NDPS Act - Cultivation of opium plants - Contraband found in opium plants fall in intermediate quantity - Rigors of S.37 of NDPS Act not applicable - Petitioner joining and co-operating in investigation - He is not in a position..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Final report - Merely because an I.O has filed a police report before Magistrate, he is not precluded from making further investigation in the case and submit a final report or reports to Magistrate regarding additional evidence gathered by him in further investigation - This power would include..........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - An offence committed entirely outside the scope of duty of police officer, certainly does not require sanction - In case, an act is connected to the discharge of official duty of investigation of a recorded criminal case, act is certainly under colour of duty, no matter how illegal..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 325, 354, 506, 34, 120B -- Anticipatory bail - Offence u/ss 325, 354, 506, 34, 120-B IPC - Big quarrel between accused's group and rival group - Accused admittedly is a social worker and other accused are working in police department and they will never intervene in investigation of case or..........
Criminal Procedure Code, 1973, Section 157 -- Procedure for investigation - It is incumbent upon officer to forthwith send a report when he has reason to suspect commission of cognizable offence - However, this report need not necessarily be FIR, which is recorded only when information relating to commission of cognizable offence is given orally or in writing to officer in..........
