Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - FIR contains serious allegations against accused - Accused cannot claim parity with co-accused since allegations in FIR and material that has emerged from..........
Criminal Procedure Code, 1973, Section 164A(2), (3) -- Medical examination - Rape victim - Column in FIR - Provisional/primary opinion is to be given by doctor as per clinical examination of victim without waiting for investigation reports - Directions therefore issued to Principal Secretary (Medical Health) and Director General (Medical Health) to issue circular to all..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 324, 323, 341, 201, 218, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Attempt to murder - Accused was not named in the FIR - He was summoned only on basis of 4th Supplementary Report - However, charge sheet and 4th Supplementary Report no longer exist - Now, there is fresh..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, 61, 85 -- Recovery of 12 lakh tablets of Tramadol - Recovery though acknowledge by Joint Commissioner Food and Drugs Administration, however, nothing stated where recovered stock has gone and even no batch number etc is given - This is a serious lapse and inaction on the part of Punjab Police as well as..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Names of respondents were mentioned in FIR as well as in statements of PWs recorded during investigation and given before Court - Trial Court committed manifest error in rejecting application for summoning and proceeding against respondents - Application allowed...........
Indian Penal Code, 1860, Section 376, 323, 511 -- Rape - Eye witnesses of incident clearly narrated the occurrence - Neither enmity nor motive among witnesses, prosecutrix and accused - Prosecutrix had abrasions on her lip, nose and she had a nail mark on her right side cheek - Medical evidence also against accused - Defective investigation is not fatal to prosecution case..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Offence u/ss 13(1)(d)(ii), 13(2) of the Act - Wrong order passed by quasi judicial authority - No allegation against petitioner that he deliberately committed any misconduct for extraneous considerations - Even, no material disclosing such act on his part has been unearthed during investigation conducted..........
Criminal Procedure Code, 1973, Section 154 -- Pre FIR stage enquiry - Enquiry at pre-FIR stage/Preliminary enquiry - (i) such enquiry cannot be said to be a fishing or roving enquiry; (ii) where accused was called upon to give his statement during course of open enquiry, such a statement cannot be said to be a statement u/s 160 Cr.P.C and/or statement to be recorded during..........
