Criminal Procedure Code, 1973, Section 482 -- Preservation of call details record and tower location - Petitioner has not mentioned in the application as to whom mobile numbers mentioned in the application belong and how call details record and tower location of these mobiles numbers could prove his innocence - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court could have set aside order of acquittal in an appeal/revision, only if findings as recorded by trial Court were perverse or impossible...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - At the instance of Juvenile - Not maintainable, as JJ Act is a comprehensive legislation containing all the provisions with regard to children in conflict with law and provisions of S.438 Cr.P.C thus, have no application being extraneous and incompatible with the JJ Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 188 -- Quashing of proceedings - Compromise - Offence u/ss 379, 188 IPC - Compromise arrived at between parties and they settled their differences - Continuation of criminal proceedings after compromise would amount to abuse of process of Court - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder - Complaint lodged after delay of 11 hours - Explanation given for such delay is that accused threatened complainant and PWs that if anyone is going to complaint about incident he would be killed - However, they failed to explain as to how threats or fear of accused disappeared in the morning when..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - FIR lodged at 8 AM but copy of same was sent to Magistrate in the evening at about 6.56 PM - Magistrate was at Ganganagar which is 18 kms far from police station - I.O failed to explain as to why constable sent to call a photographer then why copy of FIR was not sent with him to be presented..........
Criminal Procedure Code, 1973, Section 329 -- Unsoundness of mind of accused - Court not to straight away hold an elaborate enquiry - If on examining of accused, it does not appear to Court that accused is insane, it is not necessary that he should go further and send for an examine the medical witnesses and other relevant evidence - Of course, if Court has any serious..........
Criminal Procedure Code, 1973, Section 329 -- Unsoundness of mind of accused - Accused actively participated in trial - Sessions Judge examined accused and was satisfied that it did not appear to him that accused was insane - Consequently, trial Court held that no enquiry u/s 329 Cr.P.C was required - No interference warranted in said order of trial Court...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Accused not afforded sufficient opportunity for explaining incriminating evidence which was used to base his conviction - Requirement of S.313 Cr.P.C. not complied with by trial Court in its spirit - Conviction and sentence, set aside - Matter remitted to Sessions Court for proper examination..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(20, 3(2)(va), 18, 18A -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s), 3(2), 3(2)(va), SC/ST Act - Relationship between accused and prosecutrix appears to be consensual and when it is consensual, there is no question of..........
