Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4 -- Bail - Offence u/s 304(Part I)PC and Ss.3, 4 of SC/ST Act - FIR registered on 12.01.2016 of occurrence 10.01.2016, at the instance of son of deceased, who claimed himself to be eye witness to..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Murder and robbery - Mother of petitioner aged 70 years got strangulated and murdered during wee hours in course of robbery - Initially, local police conducted investigation which did not yield any result even though years elapsed - Even, subsequently investigation was handed over to crime..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - It is evidence in suit by forming part of record - With permission of Court any of parties can examine Commissioner personally in open Court pertaining to report and its investigation - Inspection by Local Commissioner was made in presence of parties - Said report therefore ordinarily to be..........
Indian Penal Code, 1860, Section 302, 147 -- FIR - Quashing - False implication - FIR cannot be quashed on the basis of defence or possible defence which can only be taken to ascertain the correctness or otherwise of the prosecution version which is yet to come after completion of investigation - Petition dismissed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Offence u/s 3(1)(xii) of the Act - No notification produced by prosecution that DSP is authorized to carry out investigation for the alleged offence - That apart, prosecution not established that accused is in a position to dominate will of prosecutrix or he used his position..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(B) -- Recovery of intoxicant capsules and intoxicant powder - Search and seizure - Person who effecting search and seizure, proceeded to investigate offence at a later stage - Said officer was not competent to investigate offence being judge of his own case - In order to have fair and impartial investigation,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners found innocent during investigation and challan was not presented against them - Though petitioners named as accused present at the spot but no specific overt act attributed to them - Not enough material on record to order summoning of petitioners to face trial as additional accused..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) not taken in the case - Just because PWs stated that they would not be able to identify culprits, no ground for not holding TIP - It was first time during trial PWs stated that accused standing at the dock were the ones who assaulted deceased - Even names of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 120B, Prevention of Corruption Act, 1988, Section 7, 13 -- Bail - Parity with co-accused - Cheating - Forgery - Investigation already complete and challan presented - Trial is at initial stage and would take time to conclude - Co-accused against whom there are similar..........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance - Petitioner had at no time appeared in person before I.O/Economic Offences Wing (EWO) and sent response through an advocate - No reason as to why petitioner not appearing before EWO especially in terms of S.41-A Cr.P.C. - Petitioner directed to appear before I.O to join investigation...........
