Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Where there is controversy as to identification, location or measurement of land, local investigation should be done at an early stage so that parties are aware of report of Commissioner and go to trial prepared and object of local investigation U.O.26.R.9 CPC which cannot belittled...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Deceased/wife was staying separately from accused/husband from 2021 and had been taking treatment for anxiety and depression - Demand of dowry was not stated to be a stressor or trigger for her said medical issues as shared by her with treating doctor - Moreover,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Sample was sent for chemical examination to FSL after a delay of 9 days - Representative sample is required to be sent to chemical examiner within 72 hours as per Standing Order No.1 of 1988 - Standing orders are mandatory in nature and omission on the part of I.O. with regard to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 316, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Parties lived in live-in-relationship for one year - FIR lodged when accused refused to marry victim - Keeping in view the uncertainty regarding conclusion of trial, one sided investigation by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 100 gms intoxicant powder - Representative sample was sent after a delay of 6 days for chemical examination to FSL - However, as per instructions issued by Standing Order No.1 sample is required to be sent to Chemical Examiner within 72 hours - Standing Orders are mandatory in nature and..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Seeking formal permission from Court to make further investigation and to inform Court is desirable not mandatory - There cannot be any fetter on power of police to further investigate u/s 173(8) of Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - ASI/PW5 is the complainant and he also conducted investigation - Entire investigation stands vitiated on this account - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C or under Art.226 of Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to initiation/registration of case as well as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 354(A), Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of FIR - Rape case - Victim has not furnished any information in regard to date and time of commission of alleged offence - Investigation has been completed and charge sheet is ready to be filed - In..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C or Art.226 of Constitution need not restrict itself only to the stage of a case but is empowered to take into account overall circumstances leading to initiation/registration of case as well as the..........
