Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner himself came forward and has undertaken to appear before trial Court on each and every date, order declaring petitioner as proclaimed person set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation report is already on record - No objection was filed by petitioner to said demarcation report - Neither report of Local Commissioner nor evidence given by said local Commissioner including cross-examination has been placed on record to even remotely show that demarcation was not..........
Civil Procedure Code, 1908, Section 115 -- Revision - Order of dismissal of suit - Order passed has the status of a decree and challenge to the same has to be made by filing appeal - Revision not maintainable...........
Criminal Procedure Code, 1973, Section 91 -- Power u/s 91 Cr.P.C. must be exercised for production of such evidence, which would assist Court in discovering truth in the pursuit of justice - However, right of privacy of police officials cannot be breached at the ipse dixit of accused - Before any such order for production of call details/tower location is passed, accused..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder - Allegations by complainant in the beginning relating to involvement of applicants is vague and was disbelieved by I.O while declaring them innocent - Death of deceased is stated to be because of poison, which was administered at the house of accused persons, who had faced the trial,..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - First appellate authority passed a two line cryptic order without assigning any reasons - Even, relevant points of determination not framed - Order passed by first appellate authority is not legally sustainable and thus, set aside - Matter remanded back to first appellant authority with a..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 325, 308, 34 -- Summoning of doctor - Offence u/ss 323, 325, 308, 34 IPC - Operation note was sent by Doctor and due to oversight name of doctor had not been mentioned in the list of witnesses - Examination of doctor is very much essential to reach on conclusion in the case - Order rejecting..........
Constitution of India, 1950, Article 15(3), 39(e), (f), 45, 47, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, Indian Penal Code, 1860, Section 354, 451, 342, 506, 376(3), 376(2)(n), Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13(3) -- Maintainability - Even when a `Board' passes an order under Section 18(3) of the..........
