Criminal Procedure Code, 1973, Section 433, 435 -- Pre-mature release - Policy prevalent at the time of conviction shall be taken into consideration for considering premature release of a prisoner...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - There is no time frame within which supplementary report has to be submitted - However, whenever an investigation is kept pending u/s 173(8) Cr.P.C, same shall has to be done or completed within a reasonable time period...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Directions issued to all SHOs across State of Rajasthan and judicial officers that: (i) whenever a further investigation is kept pending for want of other material or trace of accused or for whatever reasons, it would be incumbent upon IO/SHO to move an application before..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Bail - Misappropriation of huge money - Serious allegations of siphoning off huge amount through various shell companies alleged against accused - High Court while releasing accused on bail, has not at all considered the relevant factors including nature and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 80 kg poppy husk - Recovery effected from canter - Petitioner is neither owner nor driver of said Canter - Joint non-consent of both petitioner and co-accused has been recorded - It becomes debatable as to whether provision of S.50 of NDPS..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - If Magistrate finds that I.O has conducted investigation in a just and fair manner and no material evidence was omitted/ignored then complainant cannot compel Court to direct further investigation in the matter...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - FIR in question appeared to have been filed purely as a measure of counter blast to complaint filed by accused - Moreover, two Courts of competent jurisdiction have recorded concurrent findings of facts while dismissing application u/s 173(8) of the Act - No interference warranted in said findings -..........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - S.401(3) Cr.P.C prohibits/bars High Court to convert a finding of acquittal into one of conviction - Order of conviction by High Court while exercising revisional jurisdiction u/s 401 Cr.P.C is unsustainable, beyond scope and ambit of S.401 Cr.P.C...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Revision against order of acquittal at the instance of victim or complainant as the case may be, shall not be entertained and victim or complainant, as the case may be shall be relegated to prefer appeal as provided u/s 372 or S.378(4) Cr.P.C, as the case may be...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Where under Cr.P.C appeal lies but an application for revision has been made to High Court by any person, High Court has jurisdiction to treat the application for revision as a petition of appeal and deal with the same accordingly as per S.401(5) Cr.P.C - However, subject to High Court being..........
