Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has no power to order further investigation suo motu after taking cognizance on charge sheet - He could order for further investigation in exceptional circumstances and that too on the prayer of I.O...........
Criminal Procedure Code, 1973, Section 53, 54 -- Scientific tests - Polygraph, Narco-analysis and brain mapping - Accused himself is insisting for tests to be conducted upon himself in exercise of his right to defend - Conducting these tests in such a situation would not be an infringement of right against self incrimination - Application allowed...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 39, 40 -- Bail - Offence u/ss 39, 40 of UAPA - Prima facie there is no satisfaction that acts which are committed by accused have been committed with intention to further the activity of a terrorist organization - It is not the case of accused that they did not make the payment..........
Criminal Procedure Code, 1973, Section 167(2), 309 -- Default bail - Right of default bail not claimed prior to taking cognizance - At the post cognizance stage remand is u/s 309 Cr.P.C. and provision of S.167 Cr.P.C. has no application - At that stage right of default bail is not available to accused...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Complainant seeking to produce additional evidence - Complainant had every opportunity to place such evidence before authorities during investigation as well as during trial - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power u/s 205 Cr.P.C is not meant to be used routinely but only when circumstances so demand...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Accused claims that he is the only son of his aged parents who are ill and require constant attention - However, no document is filed in this regard - Accused is a relatively young man aged about 38 years - Residence and business of accused is in the same city - There is no undue hardship in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court is not required to conduct mini trial at the stage of discharge and/or while exercising powers u/s 482 Cr.P.C. - Court has a very limited jurisdiction and is required to consider "whether any sufficient material is available to proceed further against accused for which accused is required to be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Whether criminal proceedings were malicious or not, is not required to be considered at the stage of quashing of proceedings - Same is required to be considered at the conclusion of trial - At this stage, what is required to be considered is a prima facie case and material collected during course of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused neither challenged the first extension which was granted in his absence nor challenged the second extension granted in his presence - Therefore, when charge sheet was filed within period of second extension, accused not entitled to be released on default bail - Default bail application rightly..........
