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...........
Criminal Procedure Code, 1973, Section 200, 202 -- Summoning of accused without recording evidence u/ss 200, 202 Cr.P.C is against the mandate of law - Summoning order quashed...........
Criminal Procedure Code, 1973, Section 200, 202 -- Summoning of accused - Standard of proof and judgment which is to be applied finally before finding accused guilty or otherwise is not exactly to be applied at the stage of framing charges - A fortioti at the stage of Ss.202, 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - It was incumbent upon High Court while invoking power u/s 482 Cr.P.C to consider the question whether allegations would constitute the offence alleged against accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 504, 506 -- Quashing of proceedings - Cheating - Ingredients necessary to constitute offence u/ss 420, 406, 504 & 506 IPC not made out - Proceedings quashed...........
