Indian Penal Code, 1860, Section 302, 201 -- Murder - FIR was ante timed FIR - FIR lodged after recovery of dead body, as till police had come, it was not known to anyone where dead body was and after investigation police recovered dead body - Though in investigation it was alleged that gambling was done with the help of playing cards, but neither playing cards had been..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Respondent No.3 and Respondent No.4 with the able assistance of a battery of advocates in the Supreme Court and many other unknown persons had made brazen attempts to falsely implicate Respondent No.2 by filing false proceedings in the name of one `B' in the High Court and Supreme Court, by..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Report of Probation Officer states that father of juvenile is a labourer and he earns Rs.15,000 pm and his mother works as cook and earns Rs.5000 pm - Therefore, he is capable of looking after the welfare and education of his son - Juvenile is studying in Class 9 - Neighbours have..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Bail - Cheating - Investigation of case is complete and challan stands presented - Charges are yet to be framed and out of 20 PWs, none has been examined yet - Conclusion of trial is likely to take long time - Detaining accused behind the bars for an indefinite period would solve no..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Allegations of bias and undue influence raised on the police machinery of State - Accused is a senior judicial officer - Any doubt or apprehension in the minds of appellants who have lost their family member may be dispelled by investigation being carried out by CBI - CBI directed to carry our..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Direction to register case and its investigation by police should be exercised where some `investigation' is required...........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Two FIR's - There cannot be two FIRs against same accused in respect of same case - But when there are rival versions in respect of same episode, they would normally take the shape of two different FIRs and investigation can be carried on under both of them by same investigating agency...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Bail - Cheating - Financial irregularities committed by Society - Respondent was a close associate of Society with regular business - Investigation also indicates that out of the monies withdrawn from the Society's account by respondent investments were later made..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Magistrate/Courts should not issue certified copies of statement recorded u/s 164 Cr.P.C. to any person till cognizance is taken on the charge-sheet/police report - Even lower Courts are issuing certified copies of statement recorded u/s 164 Cr.P.C. (Now S.183 BNSS) which is legally..........
