Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Examination of hand writing expert - Accused permitted to examine a private hand writing expert as a witness in his defence...........
Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Examination of handwriting expert - Accused while leading defence evidence has a right to prove his innocence and in case he wants to lead evidence that signature of PW5 did not tally with ruqa and special report with memo, same cannot be declined, as it goes to root of case - Admissibility and..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 70 injections of Buprenorphine I.P Omgesic 2mls each and 30 injections of Avil 10ml each - Buprenorphine falls under Drugs and Cosmetics Act and salt has not been included in Schedule I of NDPS Rules - Even,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 16 -- Bail - Offence u/ss 363, 366-A, 120-B IPC and Ss.6, 16 POCSO Act - Petitioner is a lady who alongwith her 9 months old child is behind bars for almost a year - Since, prosecution evidence is yet to commence,..........
Criminal Procedure Code, 1973, Section 167 -- Remand - Judicial Officers are mandatorily required to examine the record, whereafter to record their satisfaction with regard to the need and requirement of accused to be detained and kept in custody - In the instant case remand order passed in a very casual and a perfunctory manner - Petitioner directed to be released..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Dismissal on the ground of delay - Revision against order taking cognizance in Corruption case was dismissed on the ground of delay of 5 years in challenging said order - Though there was delay of 5 years in challenging order, however, High Court could have examined revision on merits rather than dismissing same on..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Term `taking cognizance' means taking notice of an offence for initiation of proceedings u/s 190 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed question of fact cannot be adjudicated upon by High Court in exercise of power conferred u/s 482 Cr.P.C - Only prima facie case is to be seen...........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 323, 504, 506, 354, 147 -- Quashing of summoning order - Order taking cognizance - Offence u/ss 323, 504, 506, 354, 147 IPC - Detailed cognizance order as well as summoning order passed by Magistrate with judicial application of mind to material available on record - Materials are sufficient..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 450, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Offence u/ss 376-D, 450, 506 IPC and S.6 POCSO Act - DNA profile not matching with petitioner - Even, petitioner is in custody since April 2019 and no useful purpose will be served by keeping him in further..........
