Arms Act, 1959, Section 17 -- Arms License - Cancellation - License of petitioner cancelled on the ground that he used the weapon at public place in contravention of R.32 of Arms Rules - However, neither place where firing took place has been defined nor date or time has been defined by licensing authority or appellate authority - There is no admission on the part of..........
Evidence Act, 1872, Section 25 -- Confessional statement made before police - Admissibility - Confession of co-accused recorded by a police officer during police custody is not a valid piece of evidence which can be used against accused in a criminal trial...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Prosecution obtained necessary sanction from PW11, who is disciplinary authority as well as competent authority - Sanction order clearly states that PW11 after perusal of documents forwarded by Lokayukta police along with relevant documents pertaining to the case including statements of witnesses..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation to CBI - Entrustment of investigation of matters routinely to CBI not only leads to an unmanageable burden on the premier investigative agency, but also has a very serious and far-reaching, demoralizing impact on the officers of State police - It may not be prudent to proceed on the premise..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 of the Act - Civil suit is pending between parties - However, no protection or ad interim injunction has been granted - Police report reveals that there was every chance of breach of peace - Impugned preliminary order and order of attachment of property is proper...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Sworn affidavit of complainant is necessary in support of complaint - Complaint without sworn affidavit of complainant - Order referring complaint to police for investigation and subsequent registration of FIR set aside...........
Police protection -- Cannot be asked for issues that fall within jurisdiction of civil Courts, particularly when it involves resolving private disputes between parties - Civil rights must be adjudicated by competent civil Courts...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Police protection - Writ Court will not order police protection when there is an element of civil dispute involved unless it is satisfied that there is a likelihood of law and order situation...........
Interference with possession by police -- Under no circumstances police can interfere with possession of immovable property, as such action does not bear sanction by any provision of law...........
Motor Vehicles Act, 1988, Section 166 -- Accident - A witness who is otherwise found trustworthy cannot be disbelieved, in a motor accident case, only on the ground that police have not recorded his statement during investigation...........
