Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Relevant records have not been produced by petitioner to defend his case - No sufficient opportunity thus, given to petitioner to defend his case - Order issuing warrant of arrest set aside - Matter remitted...........
Evidence Act, 1872, Section 25, 26 -- Confession - Before police - Admissibility - Confessional statements of accused were recorded after their arrest and when they were in custody of police - Such statements were inadmissible having regard to provisions of Ss.25, 26 of the Act...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused inflicted seven injuries on deceased and PW3 who was sleeping in the same room had not heard any noise of deceased - Prosecution theory and evidence of wife of deceased/PW3 do not inspire confidence - Testimony of doctor that he cannot say weapon shown to him in Court was the same with which..........
Criminal Procedure Code, 1973, Section 482 -- Protection from arrest - Blanket direction of protection from arrest not to be passed by High Court while rejecting application for quashing of FIR...........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant wife by husband - Circumstantial evidence - Accused attacked deceased with a wooden log and caused her death because of homicidal violence - He himself took deceased to hospital and made a false statement that she suffered a cardiac arrest which was found false after post mortem report received - It is accused who..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 148, 149, 506, 120B -- Bail - Offence u/ss 307, 323, 324, 148, 149, 506, 120-B IPC - Accused kept on running away from law for a period of about 7 years after registration of FIR - However, accused remaining behind the bars for a period of 1-1/2 years after his arrest - PWs yet to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married lady - Prosecutrix engraved tattoo of name of accused on her forearm - Contention that tattoo was engraved forcefully rejected, as it is not easy to make a tattoo on forearm if there is some resistance from other side - As regarding allegation that prosecutrix..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 41A, 41(1)(b)(ii) -- Offence u/s 498-A IPC - There is to be no automatic arrest - Police Officers to satisfy themselves about the necessity for arrest under the parameters flowing from S.41-A Cr.P.C. - Police Officers to forward the check list, to be provided to them, duly filled and furnish the..........
