Criminal Procedure Code, 1973, Section 340 -- 'Court' - Means the Court which initiates the proceeding under this Section and the offence must have been committed in a proceeding in that Court or in relation to such proceeding...........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Petitioner and co-accused found in possession of 72 kgs of poppy husk - At best it could be said that the petitioner was in possession of 36 kgs. of poppy husk - Same below commercial quantity - Bail allowed...........
Criminal Procedure Code, 1973, Section 109 -- Concealment of one's presence when he has reason to believe that he is doing so with a view to commit a cognizable offence would attract proceedings under the Section - Entrustment of property and disposal of the same in violation of any direction of law is sufficient to complete the offence...........
Criminal Procedure Code, 1973, Section 300 -- Double Jeopardy - Where the accused had been discharged and it has not resulted in acquittal or sentence of the accused, Section 300 Cr.P.C. would not be applicable...........
Criminal Procedure Code, 1973, Section 299 -- Held that it cannot be disputed that proceedings taken under sub-section (1) of S.299 of the Code though judicial proceedings, cannot be construed as inquiry or trial - Because the statement of the witnesses recorded can only be accepted in evidence in the eventuality where the witnesses, whose statements had been recorded were..........
Criminal Procedure Code, 1973, Section 319, 299, 482 -- Summoning as additional accused - Quashing of order - Petition for - Summoning order not based primarily on the statements of `P' and `H' recorded in court but mainly on the basis of police statements recorded during the course of investigation - Excluding the statements of `P' and `H' recorded in proceedings under..........
Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - To prevent unnecessary harassment and to prevent miscarriage of justice - Court has ample powers under Section 151 to make such orders as may be necessary for the ends of justice - Power must be exercised with caution and due diligence with the object to prevent miscarriage of justice or to prevent the..........
Criminal Procedure Code, 1973, Section 200, 156(3), 36 -- Investigation by police - Order by Magistrate - Section 156(3) of the Code empowers a Magistrate to direct such officer in charge of the police station to investigate any cognizable case over which such Magistrate has jurisdiction and not a superior police officer...........
Criminal Procedure Code, 1973, Section 173, 156 -- Report u/s 173 - There are three options to the Magistrate namely, (i) to accept the report and take cognizance of the offence and issue process; or (ii) may disagree with the report and drop the proceeding; or (iii) may direct further investigation under Section 156(3) of the Code...........
Criminal Procedure Code, 1973, Section 164 -- Confession - It must be proved that the same was voluntarily made by the maker - It would, of course, be necessary in every case to put the questions prescribed by the High Court circulars but the questions intended to be put under sub-section (2) of Section 164, should not be allowed to become a matter of a mere mechanical..........
