Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry before registration of FIR - Not mandatorily required to be conducted in all corruption cases - Any formal and informal collection of information disclosing a cognizable offence to the satisfaction of the person recoding FIR is sufficient...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of FIR - Lack of sanction for prosecution - Question whether sanction is necessary to prosecute a retired public servant, is a question which can be examined during course of trial...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of fact cannot be adjudicated upon by Court in exercise of power conferred u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 323, 504 -- Quashing of proceedings - Murder - Allegation that accused along with applicant poured kerosene oil on victim who sustained serious burn injuries and as a result she succumbed to death - From perusal of allegation made in FIR, statement of witnesses during investigation, charge..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 323, 342, 109, 120B, 506 -- Anticipatory bail - Rape - Allegation that accused got his own wife raped from co-accused and even wife of co-accused is party to such act - Role of accused is that they had facilitated commission of crime - However, same would be required to be established by..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C. is available to public servant when an offence is said to have been committed `while acting or purporting to act in discharge of their official duty' and not when acts are performed using office as a mere cloak for unlawful gains, as such acts are not..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of 50 kg poppy husk - Non-commercial quantity - Both petitioners are first offenders and not involved in any other case - Challan stands presented - No PW is examined so far and it will take long time in conclusion of trial - Petitioners thus,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order refusing or granting bail - When not furnish the reasons then there is presumption of non application of mind...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Application rejected earlier - There is higher burden on appellate Court to furnish specific reasons as to why bail should be granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court assessing plea of bail is required to find prima facie view of possibility of commission of crime by accused and not to conclude that alleged crime was in fact committed by accused beyond reasonable doubt...........
