Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Age of prosecutrix - Investigating agency was not sure about authenticity of school register, therefore ossification test of prosecutrix was carried to determine her age - Age of prosecutrix as per medical examination determined between 16 to 18 years - Margin of 2 years is to be extended to report of ossification..........
Criminal Procedure Code, 1973, Section 323 - - Application of father of victim/next kin to participate in the proceedings - Case was committed to Court of Sessions - Sessions Court while hearing discharge application concluded on consideration of submissions made by accused and Public Prosecutor that offence in question is triable by Magistrate and without discharging..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Proclaimed offender - Offence u/ss 420, 447, 506, 120-B, 34 IPC - There is nothing on record which shows that petitioner was ever served Court notice or investigating officer ever served him u/s 105-B Cr.P.C before filing report u/s 173(2) Cr.P.C. - Even, sister and mother of petitioner have been..........
Companies Act, 2013, Section 212(1), (2) -- Investigation into affairs of company by Serious Fraud Investigation Officer (SFIO) - Central Government u/s 212(1) of the Act assign investigation to SFIO and upon such assignment, no other investigating agency of Central Government or any State Government can proceed with investigation in respect of any offence punishable under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 injections of Amin 10 ML and 15 injections of Bonorwin 2ML - Non-compliance of S.50 of the Act - Recovery effected from carry bag of accused - Personal search of accused was also conducted - Accused is a lady, however, lady police present on the spot was not directed to conduct search of..........
Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 342, 376, 506 -- Defective investigation - Final report in favour of accused - Offence u/ss 342, 376, 506 IPC - Serious allegations and imputations against accused were made by victim in her statement recorded u/s 164 Cr.P.C - Slight variation in statement of victim and/or S.161 or S.164 Cr.P.C..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - When any illegality or mala fide action on part of investigating authorities is brought to notice at behest of an aggrieved person, Court would certainly step into to correct such injustice or failure of justice to set right illegality or mala fide action of investigating authorities in exercise of power u/art..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - Recovery of ornaments of deceased - Mere recovery of ornaments by investigating agency is not sufficient unless same are produced before trial Court and identified by PWs to show that these very ornaments were worn by deceased at the time of incident - Recovery of ornaments thus, not worth reliance and..........
Criminal Procedure Code, 1973, Section 173(2) -- Re-investigation - At the instance of police or investigating agency cannot be ordered...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Can be directed by Magistrate only on request being made by an investigating agency/officer and that too in circumstances wherein additional materials have been collected in evidence to secure fair investigation and trial...........
