Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - FIR is registered by complainant solely on basis of suspicion - Neither there is any suicide note nor there is any dying declaration nor deceased had made any complaint with respect to any alleged call of threat made by any person - Even, police..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 376D, 328 -- Summoning of additional accused - Kidnapping and rape - Prosecutrix remained consistent with her statement right from the date when she reported the matter to police, in her statement recorded before police, in her statement recorded before Magistrate u/s 164 Cr.P.C and her..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 325, 341, 380, 427, 506, 148 -- Anticipatory bail - Attempt to murder - Offence punishable u/s 307 IPC added on basis of medical opinion - No new fact except medical opinion has come during investigation, which required any specific further investigation by police - Without commenting on..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Penetrative sexual assault - Father of victim explained that there was a delay in lodging FIR, because in village no one cannot expect to rush to police station soon after noticing the missing of a person - Delay in lodging FIR satisfactorily explained and such delay not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 32 -- Police statement recorded u/s 161 Cr.P.C is admissible u/s 32 of Evidence Act...........
Criminal Procedure Code, 1973, Section 161 -- Police statement recorded u/s 161 Cr.P.C - Merely because police statement contains Crime No., it cannot be held that it is an ante-dated and ante-timed document for the simple reason, that time of recording of statement is also mentioned by I.O...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Allegation against accused is that he overpowered deceased who was suffering from impairment of both of his legs, pinned him to ground sat on him and throttled his neck - Offence alleged against accused is of a grave nature - Accused was arrested only following a protest..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25 -- Release of seized vehicle - Vehicle involved in NDPS case - Vehicle in question was found in possession of petitioner - There is no reason to deny interim custody of vehicle to owner or person entitled to get possession of vehicle - If vehicle is allowed..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - If a bare perusal of complaint reveals commission of a cognizable offence, Magistrate is left with no other option but to send the same to police for registration of FIR - Reliability, truthfulness or genuineness of allegations made in complaint is a task to be undertaken during course of..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Allegations therein supported by affidavit - Statement of complainant recorded u/s 200 Cr.P.C. - Matter sent u/s 200 Cr.P.C. to the Police - Action taken and order passed is dehors to the legal position and in blatant disregard to the judgment passed by Supreme Court in Lalita Kumari's case -..........
