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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 302-- Permission to aggrieved party to conduct prosecution - Permission not to be granted on mere asking - However, victim has a right to assist Court in a trial - Magistrate may consider as to whether victim is in a position to assist Court and as to whether trial does not involve such complexities..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner is yet to be determined in totality of evidence collected on record by prosecution,..........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 238, 239, 241, Indian Penal Code, 1860, Section 454, 380, 34-- Conviction on plea of guilt - Non-compliance of provisions of Ss.239, 240 Cr.P.C - Offence u/ss 454, 380, 34 IPC - Procedures prescribed by Ss.239, 240 Cr.P.C i.e consideration by Magistrate of police report and matter submitted before it and an opinion formed that charge should be framed, not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32-- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and coherent and in fit state of mind to give statement -..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 323- - Application of father of victim/next kin to participate in the proceedings - Case was committed to Court of Sessions - Sessions Court while hearing discharge application concluded on consideration of submissions made by accused and Public Prosecutor that offence in question is triable by..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Recovery of 795 parvon spas capsules - Search and seizure - FSL form not prepared and filled on the spot - Samples though sealed on the spot but no evidence as to whether same got resealed from Executive Magistrate - No evidence on record that till the samples were sent to FSL for examination,..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Recovery of 4.050 kg charas - Non-compliance of S.42 of the Act - Where office/residence of Senior Police Officer/Gazetted Officer and Magistrate were within one kilometers from concerned police station, failure of PW1 to inform him in writing as well as failure of prosecution to produce written..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), 32(2)-- Recovery of allopathic medicines - Without valid license - Competency of judge - Usage of wrong designation by trial Judge - Case committed to Court of Sessions by Magistrate - It was entrusted to Additional Sessions judge who proceeded with same by describing himself as Special Court - Usage of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Bail - Recovery of intoxicant powder - Search was not conducted in presence of either Gazetted Officer or Magistrate - No independent officer was joined at the time of alleged recovery - Alleged intoxicating powder which was recovered from petitioner, as per FSL report declared as manufactured..........

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