Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 302 -- Murder - Further investigation - Transfer of investigation to CBI - Permissibility - Charge-sheet has been filed and departmental action taken against erring officials - Held, matter cannot be referred to CBI for further investigation after filing of charge-sheet by State Investigating..........
Civil Procedure Code, 1908, Order 33, Rule 4, 6, 7 -- Order of Refusal - Validity - Non-examination of petitioner u/r 4 or no, issuance of notice to government pleader u/r 6 does not affect the validity of order of refusal passed if there has been an enquiry as provided in O.33.R.7 CPC...........
Civil Procedure Code, 1908, Order 33, Rule 7 -- Order of refusal - After posting of an indigent application for enquiry u/r 7, only order which can be passed is an order of refusal and not an order of rejection...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - When a person to whom bail has been granted either tries to interfere with the course of justice or attempts to tamper with evidence or witnesses or threatens witnesses or indulges in similar activities which would hamper smooth investigation or trial, bail granted can be cancelled - Rejection of bail..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Complaint - Magistrate has two options: he may either apply his mind for purpose of proceeding u/s 200 Cr.P.C. and succeeding sections in Chapter XV Cr.P.C. or may instead of proceeding under chapter XV, order investigation u/s 156(3) Cr.P.C. - It is duty of Court to protect interest of accused while forwarding..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202, Indian Penal Code, 1860, Section 376, 406 -- Complaint - Offence u/ss 376 & 406 IPC - Magistrate may either apply his mind for purpose of proceeding u/s 200 Cr.P.C. or order investigation u/s 156(3) Cr.P.C. - If for any reason complainant wants herself to be examined by a lady doctor then Magistrate can order her..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to grand-daughter - Order to pay Rs.1200/- p.m. - Father, son of appellant, expired - Held, amount of maintenance is very low and no interference is required at the instance of grand-father...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2)(g), 114 -- Additional accused - Rape - No allegations against accused persons in FIR and in statements of prosecutrix and her parents - Prosecutrix recovered after incident and much before lodging of FIR but nothing stated against accused persons by prosecutrix to her parents - Even parents..........
Criminal Procedure Code, 1973, Section 464 -- Charge - Held, an error, omission or irregularity in charge including any misjoinder of charges does not invalidate any sentence or order passed by Court of competent jurisdiction unless in opinion of Court of appeal, confirmation or revision a failure of justice has in fact been occasioned thereby...........
Indian Penal Code, 1860, Section 302, 307, 148, 149, Criminal Procedure Code, 1973, Section 378 -- Murder - Prosecution witnesses made important and material improvements in the original case of prosecution - Evidence of witnesses shows that only one shot was fired on the deceased - Post mortem report shows 16 gun shot injuries on the deceased - Injuries sustained by other..........
