Criminal Procedure Code, 1973, Section 173(2), 173(8), 158 -- Re-investigation/further investigation - S.173(3) r/w S.158 Cr.P.C does not permit Secretary (Home) to order for further investigation/reinvestigation by another agency, other than Officer in charge of concerned Police Station and/or his superior officer...........
Criminal Procedure Code, 1973, Section 426(2)(b) -- Live convict - S.426(2)(b) Cr.P.C cannot be taken to have included within its fold the case of life convict, since in the case of life convict no portion of sentence remains unexpired in technical sense...........
Criminal Procedure Code, 1973, Section 427(2) -- Life convict - Subsequent sentence to run concurrently along with a previous sentence, if a person already undergoing a sentence of imprisonment for life, is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Averments and allegations made in the complaint do not constitute offence u/s 420 IPC - Ingredients for offence of cheating are not at all satisfied - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to direct transfer of undertrial prisoner from one jail to another vests with Magistrate/Court which had remanded detenue to a certain prison...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Merely because prisoner had been an undisciplined prisoner creating difficulties for jail staff, shall not suffice in the matter so as to warrant his transfer from one place to another...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by Court by passing a judicial order, obviously after providing opportunity of being heard and change in the place of detention would be permissible only with..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Law as to - Proclamation should be published for the date on which person concerned is required to put in appearance/surrender before Court and on his failure to do so, he is declared a proclaimed person/offender - Date of his appearance/surrender should not be less than 30 days from the date of publication of..........
