Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - Offence u/ss 13(1)(d), 13(2) of P.C. Act and S.120-B IPC - No sanction is required to prosecute a public servant who ceased to hold office when prosecution is for offences under P.C. Act - So far as..........
Criminal Procedure Code, 1973, Section 24 -- Public Prosecutor - It is duty of Prosecutor to aid Court and to apprise Court regarding actual location of incident - Prosecutor is not bound by police case itself - Prosecutor can well go beyond matters investigated by I.O. - If I.O. has failed to cite a witness, who ought to have been cited, law will stand in favour of..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction for prosecution not required if on date of cognizance an accused continues to be a public servant but in a different capacity or is holding a different office than one alleged to have been abused...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Unlawful assembly and rioting - FIR against 15-16 named persons and 15-16 unnamed persons was registered, who were agitating against police - About 500-600 people assembled at a place - Mob was uncontrollable, as their Block Pramukh was murdered near police station one day before the incident - Due..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. - Executive Magistrate directed issuance of notice to petitioner on the very same day without caring to draw up a preliminary order as mandated u/s 133(1) Cr.P.C. - Magistrate did not pass a preliminary order in terms of S.133 Cr.P.C. - Since allegation of public nuisance was opposed by petitioner,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 22 kg 700 gm cannabis - Non-compliance of S.42 of NDPS Act - Place of occurrence is a public place - Instead of provision of S.42 of the Act, provision of S.43 of the Act is applicable - There was thus, no requirement to record information in writing and satisfaction as contemplated u/s 42..........
Criminal Procedure Code, 1973, Section 301 -- Prosecution by private counsel - Oral arguments - First informant/victim cannot as a matter of right assert that his counsel should be permitted to make oral arguments over and above arguments that may be canvassed by Public Prosecutor - Even if Court permits, assisting counsel can submit written arguments after evidence is..........
Criminal Procedure Code, 1973, Section 301 -- Prosecution by private counsel - Public Prosecutor alone is sole officer to decide general policy of trial - Even after permission granted for rendering assistance u/s 301(2) Cr.P.C, responsibility for conduct of prosecution continues to be with Public Prosecutor...........
Criminal Procedure Code, 1973, Section 301 -- Sessions trial - Appearance by Public Prosecutor - In Sessions trials, case against accused is to be prosecuted only by Public Prosecutor and not by counsel engaged by aggrieved private party...........
Criminal Procedure Code, 1973, Section 301 -- Appearance by Public Prosecutor - In Magistrate's Court anybody (except police officer below the rank of inspector) can conduct prosecution, if Magistrate permits him to do so - Once permission is granted, person concerned can appoint any counsel to conduct prosecution on his behalf in Magistrate's Court...........
