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...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Sentence of imprisonment - Magistrate cannot impose sentence of more than one month - Impugned orders of imposing sentence for more than one month in all revision petitions quashed and set aside - Sentence awarded in each revision petitions reduced to a period of one month...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granting 10 days time by Session Judge to accused to surrender before Magistrate while dismissing his application of anticipatory bail - Not sustainable, as such order virtually prevented I.O. from arresting accused during aforesaid period despite dismissal of application for anticipatory bail...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Death by burning - Deceased described the incident in both the dying declarations and declared the name of accused to be culprit in clear and categorical terms - Both the dying declarations are consistent and in clear terms points to guilt of accused allegedly recorded..........
Criminal Procedure Code, 1973, Section 167 -- Police remand - Justification - Can be effectively determined by Duty Magistrate/Ilaqa Magistrate...........
Criminal Procedure Code, 1973, Section 156(3) -- Further investigation - After submission of charge sheet by police - Magistrate is within his power to direct further investigation after submission of charge sheet by police in an appropriate case, if he is otherwise satisfied that investigation done by police is improper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 448 gms heroin - Personal search - Non-compliance of mandatory provision of S.50 of the Act - Raiding party did not inform accused of his right to get himself searched before a Gazetted Officer/Magistrate - Provision u/s 50(1) of the Act not complied with, which vitiates entire proceedings..........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 420, 406, 120B -- Complaint - Issue of process - Opposite party being aware of sale of land and about deaths of rightful owner executed agreement in order to compel petitioner to part with the money - Moreover, agreement was executed by opposite party in order to use the same as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7.2 kg opium - Non-production of bulk quantity of opium - Would create a doubt in the mind of Court on genuineness of samples drawn - Simple argument that same had been destroyed cannot be accepted, as it is not clear that on what authority it was done - Neither application for..........
Indian Penal Code, 1860, Section 409 -- Offence u/s 409 IPC - Order taking cognizance of offence - Quashing of order - Petitioner exonerated from departmental inquiry on the very same charges - Magistrate failed to appreciate in correct prospective, the sound and substantial reasons given by police in negative final report and proceeded to take cognizance against..........
