Criminal Procedure Code, 1973, Section 210 -- Complaint case as well as FIR arising out of same incident - Police after investigation submitted report under Section 173 of the Code - Held, both the cases be clubbed and tried in a manner as prescribed for a case registered by the police...........
Electricity Act, 2003, Section 151, 154, 156 - - Theft of electricity - Power of police to investigate - Held, police has power to investigate theft of electrical energy by instituting an FIR - Offence of theft of electrical energy is a cognizable offence - Thus as per Ss.154 and 156 of the Code of Criminal Procedure, police has power to institute and investigate a..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence - Proceedings before the executing court - Additional evidence necessary for proper adjudication of controversy - Additional evidence disallowed on the ground that provisions relating to additional evidence deleted through amendment - Held, Court in exercise of inherent powers under Section..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Omission to mention section - Discharge - Held, mere omission of relevant section in sanction order would not vitiate proceeding, but sanction order on face of it, needs to reflect basic facts constituting offence and those facts must be placed before sanctioning authority for its consideration to..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Suspension of conviction and sentence - Conviction u/s 13(1)(d) r/w S.13(2) and S.7 of Prevention of Corruption Act - Where there is an order of conviction, though the power to suspend such order of the conviction is not alien to Section 389 of the Code, its..........
Criminal Procedure Code, 1973, Section 433 -- Order of commutation is just reiteration of the identical reports submitted by different government authorities without any independent scrutiny - Powers conferred upon the appropriate Government under Section 433 Cr.P.C., must be exercised in accordance with rules and established principles - While exercising such power,..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Scope of S.197 - Held, cognizance of any offence, by any court, is barred by S.197 of the Code unless sanction is obtained from appropriate authority, if offence, alleged to have been committed, was in discharge of official duty - Section not only specifies persons to whom protection is afforded but..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Official duty - Meaning of - Held, use of expression, `official duty' implies that act or omission must have been done by public servant in course of his service and that it should have been in discharge of his duty - Section does not extend its protective cover to every act or omission done by a..........
Criminal Procedure Code, 1973, Section 482 -- Allegation of mental harassment - No material to show that accused wanted deceased to stay separately from his parents - Ingredients of Section 306 were not established - Proceedings were quashed by High Court - High Court was right in exercising its jurisdiction u/s 482 of the Code - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Jurisdiction - Limited Jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure - It is ordinarily for the Magistrate to consider as to whether a case for grant of bail has been made out or not - Similarly, High Court should not have, for all intent and purport, issued the direction for grant of..........
