Criminal Procedure Code, 1973, Section 190(1)(b), 204 -- Cognizance of offence - Summoning of additional accused - Magistrate is empowered to take cognizance of offence and thereby summon any other person as an additional accused who may also appear to have committed offence from facts stated in charge sheet of police...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner is owner of vehicle - Vehicle involved in carrying liquor without any pass or permit - Concerned Magistrate to take immediate action for seeing that powers u/s 451 Cr.P.C. are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay of five days in lodging FIR - Victim and her father and relatives are illiterate persons belonging to labour class - Promptness in lodgement of FIR cannot be expected from them - Moreover, matter pertains to rape wherein parties normally immediately don't rush to police station..........
Criminal Procedure Code, 1973, Section 202 -- Postponement of issuance of process - Direction to police to investigate - Shows that Magistrate was not sure on the basis of material on record whether or not allegations made in the complaint are true or whether any offence is made out against accused - Order for seizure of vehicle without jurisdiction and thus, set aside...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cognizable offence - Police Officer can suo motu make further investigations in cognizable cases...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 332, 353 -- Framing of charges - Offence u/ss 307, 332, 353 IPC - Allegation that accused opened fire on police team when they attempted to stop accused and that accused subsequently also tried to run vehicle over police team - However, accused contended that there is no use of fire arm by..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property u/s 102 Cr.P.C - Police possesses power to seize property u/s 102 Cr.P.C only if property is alleged or suspected to have been stolen or which creates suspicion of commission of an offence...........
Criminal Procedure Code, 1973, Section 469 -- Limitation - Date of commission of offence with respect to S.469 Cr.P.C, to reckon the commencement of period of limitation is where commission of offence was not known to person aggrieved by offence, or to any police officer, first day on which such offence comes to knowledge of such person or to any person officer whichever..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 34 -- Quashing of proceedings - Offence u/ss 304-B, 34 IPC - Compromise arrived at between parties - Parties have settled the matter amicably and de facto complainant inclined to withdraw police report - Compromise is executed by parties out of their free will and they confirm the terms..........
Criminal Procedure Code, 1973, Section 190(1)(b) -- Cognizance of offence on the basis of police report - Against a person not arraigned as an accused in police report or whose name also does not appear in column 2 of such report - Court can issue summons to such persons only if there are materials before Magistrate showing complicity of said persons - Materials need not..........
