Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Purpose of enquiry u/s 202 Cr.P.C is to determine as to whether allegations leveled in complaint are true so as to issue process against accused...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - After report u/s 202 Cr.P.C submitted by enquiry officer, trial Court can either dismiss complaint u/s 203 Cr.P.C or proceed ahead by issuing process against accused u/s 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Direction to conduct in-depth enquiry to other enquiry officer after report was submitted by earlier enquiry officer is not illegal, as earlier enquiry officer had not conducted enquiry with regard to certain allegations levelled in the complaint - Trial Court is well within its power to get..........
Criminal Procedure Code, 1973, Section 432, 433 -- Pre-mature release - Opinion of Presiding Judge u/s 432(2) Cr.P.C is not available - Sentence of accused was confirmed by High Court - However, there are overwhelming materials on record unerringly indicating towards remission of accused - Presently accused is aged about 73 years and 84 years respectively - No reason in..........
Criminal trial -- Two different versions of recovery of pistol in the memo of personal search and memo of possession, demolish the case of prosecution...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Is never treated as substantive piece of evidence it can only be used for corroborating and contradicting its maker when he appears in the court as witness ...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Is never treated as substantive piece of evidence it can only be used for corroborating and contradicting its maker when he appears in the court as witness ...........
Criminal Procedure Code, 1973, Section 468, Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Limitation - Complaint u/s 12 of the Act - When only notice was issued on complaint preferred u/s 12 of PWDV Act seeking their response and no cognizance order was passed, limitation u/s 468 Cr.P.C cannot come into picture and will not be applicable...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized amount - Recovery of contraband and bag containing 6 lakhs - Question as to whether money recovered is drug money or not has to be established and determined upon conclusion of trial - Lying amount with prosecution agency is going to devalue the same - Amount directed to be released in favour of petitioner..........
Indian Penal Code, 1860, Section 53, Criminal Procedure Code, 1973, Section 433A -- Sentence - Fixed term sentence - Even in a case where Capital punishment is not imposed or is not proposed, Constitutional Courts can always exercise power of imposing a modified or fixed term sentence by directing that a life sentence as contemplated by "secondly" in S.53 IPC shall be of..........
