Judicial service -- Strictures passed against judicial officers - Strictures and scathing observations were made by High Court to the detriment of appellant/Judicial Officer without providing him any opportunity of explanation or showing cause - Strictures passed against appellant were uncalled for and are expunged...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner has no previous criminal antecedents and is facing prosecution for the first time - He has been in custody since 23.03.2023, yet till date only 3 out of 16 witnesses cited by prosecution have been examined - State counsel..........
Criminal Procedure Code, 1973, Section 173(8) -- Reinvestigation - S.173(8) Cr.P.C operates only after the final report is produced before the court - From the stage of registration of FIR up to the stage of filing of final report before the court, it is the domain of the Investigation Agency to investigate a matter in accordance with law without any judicial interference...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Offence under SC/ST Act - Judicial Magistrate has no jurisdiction to entertain a petition u/s 156(3) Cr.P.C in so far as it relates to offences under SC/ST Act, either for issuing directions for investigation or for taking cognizance - Exclusive jurisdiction to try offences under SC/ST Act is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cognizance of the offence - Cognizance has been taken on the basis of the judicial inquiry conducted by the Magistrate u/s 196(2), which has a wider scope than the one u/s 194(1) of BNSS, 2023 - Petition dismissed...........
Indian Penal Code, 1860, Section 304B -- Dowry death - No medical evidence on record to prove with certainty that deceased died due to consumption of poison and failure of heart and lungs occasioned due to consumption of poison - It is not the case of prosecution that any demand for dowry or any valuable security or other property was made by accused in connection with..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360 -- Withdrawal of prosecution - Duty of Court - Court must consider whether public prosecutor applied his mind as a free agent uninfluenced by irrelevant and extraneous or oblique considerations while requesting withdrawal - Court must exercise its judicial discretion by considering all materials placed before it by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder of husband by wife - Death by poisoning - Extra judicial confession - Prime evidence against accused that she made an extra judicial confession before PW7 - Production of accused by PW7 before DSP stands proved - Accused made a disclosure statement before DSP regarding incident and recovery..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Filed under different provisions of law - Said provisions when provide concurrent remedies through different mechanisms and if application filed under one provision has already been dismissed by a Court of competent jurisdiction, by applying its judicial mind and held that reasons for delay were not sufficient, a..........
