Criminal Procedure Code, 1973, Section 41 -- Arrest - Reasons to believe - Arrest cannot be made merely because it is lawful to do so - (a) An arrest can be affected if there is a reasonable complaint, credible information or reasonable suspicion and police officer has reason to believe that such offence has been committed by accused person and arrest is necessary; (b)..........
Police has no power to resolve civil disputes -- Neither Cr.P.C/BNSS nor Police Act nor any other law governing powers and duties of police confers power upon police to adjudicate disputed question relating to title, possession, boundary, encroachment etc. - Police has no authority to act as a Civil Court to adjudicate civil dispute set out in the complaint - They are..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Contraband - Recovery of 1.25 kg. charas carried in the car, during random check - Two police department witnesses only - Logbook clearly shows that vehicle was travelling during relevant point of time towards a different destination - Statement given by two police witnesses, do not support case of..........
Indian Penal Code, 1860, Section 302, 97 -- Murder of husband by wife - Right of private defence - Deceased/husband was in a drunken mood tried to ravish his own daughter aged about 21 years - To save the honour of his daughter, accused/wife has committed the murder of her husband - Body of deceased found semi nude and injury on his head i.e skull broken - Post mortem..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Accused has no right to seek investigation in a particular manner and even Court does not have any jurisdiction to supervise the investigation, as investigation is within exclusive domain of the police...........
Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Parties are indulging in sexual relationship for as many as 31 years - Contents of FIR clearly indicate a consensual relationship - Victim was aware that accused was married and despite this knowledge she continued to believe his..........
Criminal Procedure Code, 1973, Section 156, 482 -- Defective investigation - Investigation is still at a very nascent stage, and petition appears to have been filed prematurely without awaiting its outcome - Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, aggrieved person can seek recourse by approaching a superior police officer..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Informant stated that deceased was badly assaulted before she was killed - Post-mortem report completely belies such statement as no external injury was found on any exposed part of body of deceased - Though there is no explanation about the circumstance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Contraband - Prosecution has not produced independent eye witnesses of alleged recovery and even no explanation has been offered by prosecution for their non-production - All the witnesses are police personnel - Non-production of independent eye witness is serious lacuna which has made the..........
Live-in-relationship -- Protection to life and liberty - Both the petitioners are major and already married - No divorce has been taken by petitioners from their respective spouses - Petitioners are living together for past few days - Without commenting upon legality of relationship between petitioners or expressing any opinion on merits of their apprehensions, direction..........
