Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle was recovered from the possession of accused - Trial Court dismissed the application only on the ground that accused is not having any registered certificate in his name and vehicle is registered in the name of one `B' - However, for releasing the vehicle u/s 451 r/w s.457 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304 -- Bail - Offence u/s 304(Part I)PC - Accused is behind the bars since 16.2.2023 - Investigating agency has already concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not made any progress, as out of 23 witnesses cited by prosecution, only one witness has..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prima facie evidence is on record to make it a triable case as against accused - Statement of PW18 and PW13 also support prosecution case regarding demand of huge money for extending benefit to father of informant - Accused rightly summoned as additional accused...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Cognizable offence - Police may investigate a cognizable offence u/s 156(1) Cr.P.C after registration of an FIR u/s 154 Cr.P.C but without registration of an FIR, police cannot initiate any investigation...........
Criminal Procedure Code, 1973, Section 156(3) -- FIR not registered - Investigation u/s 156(3) Cr.P.C. can be carried out only under an order passed by a Magistrate...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, Court cannot go into correctness of allegation and application cannot be allowed on the ground that allegations are false...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 420, 406, 409, 457, 380, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Summoning of additional accused - Offence u/ss 420, 406, 409, 457, 380 IPC and Ss.13(1)(d), 13(2) of P.C. Act - Prima facie evidence on record which make it a triable case against accused - All PWs have..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Jurisdiction of Special Court - During pendency of trial and confiscation proceedings, Special Court is empowered to release an article, thing or vehicle to interim custody of the rightful owner..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Provisions of confiscation in Ss.60, 63 of NDPS Act or seriousness of the allegation levelled against petitioner cannot be grounds for refusal to release an article, thing or vehicle to interim..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Keeping the vehicle or article in safe condition in police station is no ground to refuse the release of same to interim custody to rightful owners, otherwise, they would turn into scrap/junk in course of time and it would be wastage of national resources...........
