Criminal Procedure Code, 1973, Section 142, 133 -- Interim injunction - Executive Magistrate is empowered to pass an interim order of injunction by way of immediate measure u/s 142 Cr.P.C., only when case is covered by provision contained in S.133 Cr.P.C...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Dying declaration - Murder - Deceased suffered 80% burn injuries - Deceased stated that accused gave him beatings and set him on fire - Identity of deceased was verified by Magistrate PW7 - Doctor PW12 stated that deceased was fully conscious and capable of making his statement - Said fact is..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in sending FIR to Magistrate can vitiate the investigation, but a cogent reasoning can override this procedural lacunae...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Double murder case - Delay of one day in sending FIR to Magistrate - However, no motive in manipulating with FIR was proved - Prosecution case is strongly backed by testimonies of six eye witnesses who have testified the incident in almost similar terms - Procedural lapse in not sending FIR promptly, held not prejudice..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 40, 41, 42, 43, 44 -- Dishonour of cheque - Relevancy of judgment - Judgment rendered by Co-operative Court or award passed by it, is not relevant in the proceedings before Magistrate...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 2 kg 500 gm poppy husk - No material on record that Officer i, charge of Police Station prepared any inventory and got it certified from Magistrate - Deliberate no, compliance of S.52-A of Act coupled with no, joining of independent witness, would render the prosecution story doubtful -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 40 kg poppy husk - Secret information - Search and seizure - Non-compliance of provision of S.42 of Act - When secret information was received by I.O, he was on move and was not present in police station - Ruqqa was prepared and sent to police station for registration of case - Copy of FIR was..........
Criminal Procedure Code, 1973, Section 156(3) -- Directions for investigation - Once Magistrate proceeds to take cognizance and passes an order u/s 202(1) Cr.P.C., he cannot thereafter, refer to a procedure prescribed u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Scope - Difference between the two provisions of Ss.202, 156 Cr.P.C. - Powers u/s 156(3) Cr.P.C. can be invoked by Magistrate at a pre-cognizance stage - Whereas, powers u/s 202 Cr.P.C are to be invoked if cognizance is taken before a complaint but before issuance of process...........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17 -- Shared household - House belonging to father-i, law - Wife along with husband lived there for 6 months after marriage and acquired interest and right to stay in shared household - Father-i, law certainly has domestic relationship with her - Therefore, wife is entitled to stay in shared household - No..........
