Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a FIR and materials collected in furtherance of which disclose a cognizable offence and final report filed u/ss 173(2), 173(8) Cr.P.C depending on whether further investigation was conducted, reveals that ingredients to constitute the offence as alleged are prima facie made out against accused, then..........
Prevention of Corruption Act, 1988, Section 7A, Indian Penal Code, 1860, Section 120B -- Offence u/s 7-A of P.C Act and S.120-B IPC - Role of petitioner was duly established by trap proceedings conducted by ACB in furtherance of a larger criminal conspiracy along with co-accused - Special Judge took cognizance against petitioner and co-accused for hatching a criminal..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(i), Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Default bail - Dacoity - When offence of dacoity, which is punishable with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, is under investigation, right to statutory bail arises as per S.187(3)(i) BNSS on completion of..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Medical evidence does not support statement of victim or his mother - Neither victim child nor complainant could disclose any date, time or month, when victim was subjected to sexual abuse for the first time or last time - Allegation that accused..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3), 35(6) -- Notice u/s 35(3) BNSS - Failure to comply with notice does not lead to automatic arrest, as there lies a discretion with Investigating Agency which must be of opinion that arrest of concerned person is necessary for the purpose of investigation...........
Criminal Procedure Code, 1973, Section 173 -- Final report - Once an FIR is registered and investigation is completed, police are legally bound to file a final report whether recommending prosecution or closure before jurisdictional Magistrate or Special Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Considering custody period undergone by petitioner i.e. 2 years, 10 months and 12 days added with facts that recovered contraband is marginally over and above commercial quantity and investigation is complete and after framing of charge out of..........
Criminal Procedure Code, 1973, Section 202 -- Investigation u/s 202 Cr.P.C - Where Magistrate is unable to decide whether or not there is sufficient ground for proceeding, he is required to direct investigation of a case in terms of S.202 Cr.P.C and postpone the issue of process against accused...........
Indian Penal Code, 1860, Section 467, 468, 201, 120B, Criminal Procedure Code, 1973, Section 162 -- Offence/Ss. 467, 468, 201, 120-B IPC - Acquittal - Statement of co-accused - Only evidence available against accused is statement made by co-accused before police - However, such statement is inadmissible as per S.162 Cr.P.C, therefore it is impermissible to rely upon..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C treated as complaint case - Appellant is fully aware of names and addresses of proposed accused persons and he is also having entire relevant evidence pertaining to alleged incident - It is not a case which requires investigation by police - Magistrate committed no mistake in treating..........
