Criminal Procedure Code, 1973, Section 169 -- Police investigating an office found that there is no evidence against accused to justify detention - Police Office Incharge of Police station shall release the accused on his executing a bond with or without surety - However when accused is produced before Magistrate then Magistrate has to release the accused from custody u/s..........
Criminal trial -- Custodial death - Compensation - Recovery from Officers concerned - Depends on the fact whether the alleged misdeeds by the officer concerned is committed in the course of the discharge of his lawful duties, beyond or in excess of the same which has to be determined in a proper enquiry...........
Negotiable Instruments Act, 1881, Section 138 -- Components of offence under S.138 are: (1) drawing of the cheque by a person on an account maintained by him with a banker, for payment to another person from out of that account for discharge in whole/part any debt or liability, (2) presentation of the charge by the payee or the holder in due course to the bank, (3)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Components of offence under Section 138 are : (i) drawing of cheque by a person on an account maintained by him with a banker for payment to another person from out of that account for discharge in whole/part any debt or liability, - (ii) presentation of cheque by the payee or the holder in due course..........
Criminal Procedure Code, 1973, Section 204 -- Summoning order - Magistrate has jurisdiction to entertain an objection against the summoning order and has power to recall the summoning order and discharge the accused...........
Criminal Procedure Code, 1973, Section 197, 482 -- FIR lodged as electricity meter found to be tampered with - Accused filed complaint against Electricity Officers without disclosing that complaint is against Electricity Officers and that FIR is already lodged against him - Order taking cognizance on private complaint set aside as petitioners were acting in discharge of..........
Indian Penal Code, 1860, Section 302, 307, 324 -- Killing by gun shot - Recovery of 12 bore gun found to have a defective firing pin - Barrel of gun showing signs of discharge - This fact not brought out in course of arguments - Prosecution not relying upon this piece of evidence - Fact that gun was not properly recovered would not make prosecution case weaker...........
Criminal Procedure Code, 1973, Section 245, 91 -- Discharge petition - To be decided on the basis of material available on record - Accused cannot be allowed to summon any document at that stage...........
Indian Penal Code, 1860, Section 330, 331 -- Custodial death - Life or personal liberty includes right to live with dignity - Torture and custodial violence violates constitutional right - As direct evidence is not available as such custodial crime mostly goes unpunished - Amendment in Evidence Act recommended that burden to prove that injury was not caused by Police..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Essential ingredients are: (1) Entrusting any person with property, or with any dominion over property; (2) the person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person so as..........
