Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(ii) -- (Criminal Procedure Code, 1973, S.167(2) - Default bail - Charge sheet received by Special Judge and an endorsement made `check and then put up' on 24.01.2024 - It is incumbent on part of investigating agency to file final report within a period of 60 days from the date of receipt of information as per..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(ii) -- (Criminal Procedure Code, 1973, S.167(2) - Default bail - Once charge sheet is filed ticking of clock with regarding to statutory right which is carved out in Statute would automatically stop...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - S.156 Cr.P.C does not contemplate recording of preliminary statement of a complainant at the time of issuing a direction for registration of an FIR - In fact a direction in terms of S.156(3) Cr.P.C is issued at pre-cognizable stage...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate had taken cognizance of offences by recording preliminary statement of complainant and thereafter directed SSP to hold an enquiry with a view to ascertain truth or falsehood of allegations made in the complaint - Having undertaken recourse to procedure it was not open to..........
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 and renders the proclamation and proceedings subsequent thereto a nullity...........
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 has himself come forward, order declaring petitioner as proclaimed person set aside...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of prosecutrix or complainant, which is not substantiated by any credible material, cannot be a ground to invoke discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized vehicle - Vehicle involved in NDPS case - State is unable to give any definitive timeline as to when trial against A-5 would conclude - Vehicle in question thus, released after preparing a video and still photographs of vehicle, subject to appellant furnishing a surety bond of Rs.2,10,000 instead of..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed person - Petitioner remained absent on a particular date and she was declared proclaimed person - Reason for non-appearance is her unawareness of date fixed for her appearance - However, she is now ready and willing to join proceedings - Order declaring petitioner as proclaimed person set aside subject to costs of..........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
