Criminal Procedure Code, 1973, Section 82 -- Absconders - An absconder who has suffered a proclamation u/s 82(1) or (4) Cr.P.C. can be arrested without warrant by a police officer u/s 41(c) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint forwarded to police u/s 156(3) Cr.P.C. - Police cannot decline registration of crime based on complaint...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 376 - - Murder and rape - Delay in lodging FIR - Incident occurred at 4.30 P.M. on 05.03.2002 - Complaint was made by PW1 at 11.05 P.M. on same day - Distance between place of incident and police station is 2 kms - PW1-father of victim is a villager and on hearing the incident through PWs.2..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) treated as complaint - Statement u/ss 200 and 202 Cr.P.C. recorded - Thereafter Magistrate observed that investigation by police appears to be necessary ordered police investigation - It was a case of gang rape triable by Sessions Judge exclusively - Impugned order quashed - Magistrate directed to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 42, Criminal Procedure Code, 1973, Section 378 -- Contraband - Acquittal - Validity - Search and seizure - Gazetted Officer in whose presence `Ganja' was seized from person of respondent No.1 has turned hostile - Independent witness PW2 has also not supported the case of prosecution - Held,..........
Criminal Procedure Code, 1973, Section 207 -- Supply of documents to accused - Provisions under the Code - Held, S.207 of the Code mandates that after completion of investigation and submission of final form before Magistrate, it is duty of Magistrate to furnish accused a free copy of documents, which includes police report, FIR, statements recorded u/ss 161 and 164 of the..........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Denied on the ground that vehicle is accidental and by repairing, the condition of the truck would be changed, which is not permissible - The property in dispute would not only lesser in value but no purpose would be served by keeping it in police station - By parking the vehicle idle would also..........
Criminal Procedure Code, 1973, Section 210, 482 -- Private complaint - Summoning of accused - Legality - FIR lodged against five persons - Charge sheet filed against one accused - Cognizance taken on charge sheet but case not yet committed - Father of victim filed a complaint in respect of same offence impleading remaining accused - Summoning order passed - Case has not..........
Criminal Procedure Code, 1973, Section 250, 190(1)(b) -- Case instituted on police report - Order of acquittal - Order of compensation - Validity - Held, in a case instituted on police report, an order of acquittal passed in favour of accused, after trial, even if Court finds that accusation made by de facto complainant was without reasonable cause cannot give rise to any..........
Criminal Procedure Code, 1973, Section 202 -- Private complaint - Object of S.202 Cr.P.C. - Held, it has twin objects - One, to enable Magistrate to scrutinize carefully allegations made in complaint with a view to prevent a person named therein as accused from being called upon to face an unnecessary, frivolous or meritless complaint - Other, to find out whether there is..........
