Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Entries in case diaries are not evidence nor they can be used by accused in Court unless the case comes within scope of S.172(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Denial of right to accused to inspect case diary cannot be characterized as unreasonable or arbitrary - Confidentiality is always kept in investigation and it is not desirable to make available the police diary to accused on his demand...........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528) - Direction for investigation - High Courts while exercising its inherent powers u/s 482 Cr.P.C. can issue directions for prompt and proper investigation - However, it would be out of bounds to instruct investigation to be completed in a certain time frame in alignment with..........
Criminal Procedure Code, 1973, Section 50 -- Arrest - Grounds of arrest must be provided to arrestee in terms of Art. 22(1) of Constitution - However, mode of furnishing such grounds of arrest, shall depend upon statutory prescription, if any and in the absence of any prescription of furnishing written grounds of arrest, arresting authority must ensure compliance of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Elaborate defences and evidence brought on record is not to be considered at stage of deciding application u/s 482 Cr.P.C. - Mechanical approach cannot be countenanced...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Wife filed the complaint after grant of divorce, a month later - Application filed as a counter blast to fact that husband has two orders in his favour, one by Courts in Austria ordering wife to bring child back to Australia and other, by Courts in..........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money in question was recovered as part of investigation in which exchange of money is subject matter of controversy - Appropriate ownership of sum of money can only be determined after consideration of all evidence and having taken into account the claims and views of all other persons that accused..........
Criminal Procedure Code, 1973, Section 374(2) -- Appeal against conviction - While hearing appeal u/s 374(2) Cr.P.C., High Court is exercising its appellate jurisdiction and there has to be an independent application of mind in deciding criminal appeal against conviction - It is duty of an appellate Court to independently evaluate evidence presented and determine whether..........
