Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time sought to file charge sheet by writing a letter to Court on the ground that new offences are added - In the absence of submitting remand papers without knowledge of accused, prosecution cannot by a bare letter addressed to Court, seek extension of remand more than the period prescribed - I.O...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to be released on default bail continues to remain enforceable if accused has applied for such bail, notwithstanding pendency of bail application or subsequent filing of charge sheet or a report seeking extension of time by prosecution before Court...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused when fails to apply for default bail when the right accrues to him and subsequently a charge sheet or a report seeking extension of time is preferred then right to default bail would be extinguished...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Filing of charge sheet is sufficient compliance of S.167 Cr.P.C. - An accused cannot claim default bail on the ground that cognizance is not taken before expiry of statutory time period to file the charge sheet...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed in time - Accused cannot claim default bail on the ground of non filing of sanction order...........
Criminal Procedure Code, 1973, Section 167(2), National Investigation Agency Act, 2008, Section 16 -- Default bail - Error on part of investigating agency in filing charge sheet first before Court of Magistrate instead of Special Court as notified u/s 22 of NIA Act and thereafter committing case to Court of Sessions, has nothing to do with right of accused to seek default..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - To report about existing state of affairs at the spot - Report by Local Commissioner would in fact help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local Commissioner would result in..........
Criminal Procedure Code, 1973, Section 173(2), 173(8), 158 -- Re-investigation/further investigation - S.173(3) r/w S.158 Cr.P.C does not permit Secretary (Home) to order for further investigation/reinvestigation by another agency, other than Officer in charge of concerned Police Station and/or his superior officer...........
Prevention of Corruption Act, 1988, Section 13(1)(a), 17 -- Quashing of prosecution - The Second proviso to Section 17 of the Act directs that the offense referred to under Section 13(1)(e) of the Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police - There is no such order of the police officer not below the..........
Prevention of Corruption Act, 1988, Section 13(1)(a), 17 -- Quashing of prosecution - The Second proviso to Section 17 of the Act directs that the offense referred to under Section 13(1)(e) of the Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police - There is no such order of the police officer not below the..........
