Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Summoning of accused - Powers of Magistrate - Magistrate can issue summons to persons who deliberately and erroneously omitted from being arraigned as accused, on the basis of material available in case diary/police report and by that date case has not been committed to Court of Session...........
Criminal Procedure Code, 1973, Section 207 -- Supply of copy of police report to accused - There is no mandate in S.207 Cr.P.C. which requires the police to prepare copies of all the papers before charge sheet is filed - For example, confessional statements recorded u/s 164 Cr.P.C. by Magistrate cannot be supposed to be lying with the Investigating Officer...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While considering application for anticipatory bail, only prima facie view of case is to be taken - Entire matter not be considered on merits - Most of the time, report of police is to be taken as gospel truth at the time of deciding anticipatory bail application and averments made in complaint cannot be..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Defence raised by accused should not be considered at the time of deciding anticipatory bail but at the same time Court cannot close its eyes if other circumstances are available in order to find prima facie truth particularly when complainant and police is insisting of custody of accused including wife,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Custodian interrogation - Court can draw adverse inference against accused but police cannot compel answers by custodial interrogation - No doubt police have powers to investigate the matters as per their way as per law but it does not mean that police will exercise power just because there are allegations..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Supplementary charge-sheet filed in further investigation - Held, trial Court should pass a fresh order regarding taking cognizance after taking into consideration the conclusions arrived at by police in earlier charge-sheet as well as supplementary charge sheet...........
Criminal Procedure Code, 1973, Section 190, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Cognizance of offence - FIR lodged u/ss 354A, 352, 323, 147, 506 IPC & Ss.7, 8 of POCSO Act - However, charge sheet laid by police only u/ss 352, 323, 506 IPC - Since police report did not include any offence under POCSO Act, Magistrate can take cognizance of..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Second statement - Permissibility - A witness of his own has no right to approach Magistrate to record his statement u/s 164 Cr.P.C - Magistrate is not under legal obligation to record the statement of such witness u/s 164 Cr.P.C., when investigation in a criminal offence is going on - Only a police..........
Criminal Procedure Code, 1973, Section 155, 2(d) -- Doubtful offence - If from the report of complainant, police could not at the initial stage decide whether a cognizable offence or no, cognizable offence was committed and in such dilemma registered case for cognizable offence and then after investigation laid charge-sheet for no, cognizable offence, such investigation..........
Indian Penal Code, 1860, Section 290, 323, 34 -- Offence u/ss 290, 323, 34 - Quashing of proceedings - Charge sheet filed by police u/ss 290, 324 IPC - Accused did not use any instrument or other substance to cause injuries suffered by victim - At the very first instance, police ought to have treated the report as a non cognizable case and ought to have followed the..........
