Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b)(2), 28, 8(c), 22(c) -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner owner of seized truck - Application for release of truck rejected on the ground that a report is submitted by police that matter is forwarded to District Magistrate for..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Order of extension of limitation passed on 20.03.2020, in an earlier judgment during lock down period - Said order cannot be read to mean that it ever intended to extend period of filing charge sheet by police - Charge sheet could have been filed/submitted even during the lock down period and I.O. was not..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Magistrate did not consider it necessary to proceed on police report u/s 173(2) as accusations were false and issued notice to complainant as to why final report by police be not accepted - Complainant filed protest petition which was registered as a complaint case - Magistrate after..........
Criminal Procedure Code, 1973, Section 197, Karnataka Police Act, 1963, Section 170 -- Sanction for prosecution - Protection is available only when alleged act done by public servant is reasonably connected with discharge of his official duty and official duty is not merely a cloak for objectionable act...........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - An offence committed entirely outside the scope of duty of police officer, certainly does not require sanction - In case, an act is connected to the discharge of official duty of investigation of a recorded criminal case, act is certainly under colour of duty, no matter how illegal..........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - If in doing an official duty a policeman has acted in excess of duty, but there is a reasonable connection between the act and the performance of the official duty, the fact that the act alleged is in excess of duty will not be ground enough to deprive the policeman of protection of..........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - To decide whether sanction is necessary, test is whether act is totally unconnected with official duty or whether there is a reasonable connection with official duty - In case of an act of a policeman or any other public servant unconnected with the official duty there can be no..........
Criminal Procedure Code, 1973, Section 197, 482, Karnataka Police Act, 1963, Section 170 -- Police Officer - Sanction for prosecution - Want of sanction - Quashing of proceedings - High Court, holding that sanction for prosecution is legal requirement and remitted the complaint to Magistrate instead of quashing the proceedings - - Impugned order of High Court set aside -..........
Criminal Procedure Code, 1973, Section 210 -- Private complaint and police case in respect of same offence - Clubbing of - Even though incident alleged in a complaint case and police charge case are same, if there is difference about narration of incident and if offences alleged in both the cases are different and some of accused in private complaint are not there in..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i), (v), (vi) -- Bail - Offence u/s 3(i), (v), (vi) of SC/ST Act - Allegation that accused along with six other persons and few unknown persons had forcibly administered poison to deceased - However, there is no explanation as to why police was..........
