Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C is maintainable at any stage of trial even prior to seeking bail and same will also apply at the stage of S.251 Cr.P.C - Even at the time of first appearance before trial Court, application u/s 205 Cr.P.C can be allowed in appropriate case for exemption from..........
Criminal Procedure Code, 1973, Section 46(4), 60A -- Arrest of a woman after sunset - Prior permission of Magistrate was not obtained by investigating agency - Petitioner/woman was granted bail in the earlier offences - It was not acceptable that investigating agency was unaware about whereabouts of petitioner - It was very much possible for investigating agency to have..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Scope of revision is quite restricted to the extent of examining the correctness, legality and propriety of impugned judgment and order - Appreciation of evidence is not done generally in such cases, unless finding is perverse or admissible evidence is ignored or inadmissible evidence is taken into..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Appellant joined investigation - Custodial interrogation of appellant is not required any more - Anticipatory bail application allowed...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court must bear in mind in a case of acquittal that there is double presumption in favour of accused - Firstly, presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person is presumed to be innocent unless he is proved guilty by..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - S.216 Cr.P.C. cannot be invoked at the instance of complainant, accused or prosecution, as this power lies exclusively with Court...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charges were framed against petitioner u/s 420 IPC - There is no fresh material available on record to indicate commission of offences u/ss 465, 467, 468, 471, 120-B IPC - Application u/s 216 Cr.P.C. was moved after four years of framing of charges - It is evident that respondent No.2 has indulged in this..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - There is no specific bar/restriction under the provision of NDPS Act for return of any seized vehicle used for transporting narcotic drug or psychotropic substance in the interim pending disposal of criminal case - In the absence of any bar under NDPS Act and in view..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Appellant is the owner of vehicle in question - Vehicles in police custody are stored in the open and consequently if the vehicle is allowed to be kept in the custody of police till the trial is over, it will serve no purpose - Vehicle in question allowed to be..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
