Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Names of respondents were mentioned in FIR as well as in statements of PWs recorded during investigation and given before Court - Trial Court committed manifest error in rejecting application for summoning and proceeding against respondents - Application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Violation of statutory provisions of Ss.52, 55 of NDPS Act - Driving licence and Aadhar Card of accused being documents allegedly recovered on the spot - However, accused denying such recovery and submitted that case has been entirely..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Death by burning - Allegation that accused stuffed cloth in the mouth of deceased was serious and specific against her - However, in absence of any question having been put to her in this regard u/s 313 Cr.P.C, accused seriously prejudiced in her defence...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Death by burning - Burden of proof on an accused in support of defence taken u/s 313 Cr.P.C is not beyond all reasonable doubt, as it lies on prosecution to prove charge...........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of conviction - In exceptional circumstances, appellate court has power to suspend the order of conviction passed against an accused...........
Criminal Procedure Code, 1973, Section 389(1), Prevention of Corruption Act, 1988, Section 8, Indian Penal Code, 1860, Section 120B -- Suspension conviction - When conviction is on corruption charge against a public servant, appellate Court or revisional Court should not suspend order of conviction during pendency of appeal even if sentence of imprisonment is suspended -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 tablets of Tramadol - Interim bail till receipt of FSL report - Tablets were packed, manufactured in a factory, having batch number and expiry date - Salt, potency and weight of tablets were there on packing - It is not the case where..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 409, 420, 447, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1), 4(1)(A) -- Quashing of FIR - Offence u/ss 379, 409, 420, 447, 120-B IPC, Ss.13(2), 13(1)(d) of 1988 Act and Ss.21, 23, 4(1),..........
Criminal Procedure Code, 1973, Section 202(1) -- Investigation u/s 202(1) Cr.P.C - Magistrate can direct investigation either by a police officer or by any other person for a limited purpose of enabling Magistrate to decide whether or not there is sufficient ground to proceed further...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 418, 405, 467, 468, 471, 474, 120B, 34 -- Anticipatory bail - Cheating - Fraudulent misappropriation of funds - Serious allegations against accused of fraudulent misappropriation of amounts intended to be paid by company to farmers affected by work of road widening being undertaken by..........
