Criminal Procedure Code, 1973, Section 172(3), 173(5) -- Demand by the applicant accused for copies of statements recorded by police under Section 161 Cr.P.C which are not filed by the prosecution in the court along with the charge sheet and on whom the prosecution is not relying - The demand of the applicant accused held untenable...........
Criminal Procedure Code, 1973, Section 438 -- Penal Code, 1860, Section 406, 498A - Anticipatory bail - Concealment of material facts - Averment by petitioner that he is directly approaching the court for anticipatory bail whereas his application was pending in the Sessions Court - Making the false allegations by petitioner misled the court and application for anticipatory..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C. - Appellant held to be in possession - Revision against, dismissed - High Court set aside the order holding that respondent had not been given an opportunity to file written statement and adduce evidence - Held, High Court erred in law in exercising its jurisdiction under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Delhi Special Police Establishment Act, 1946, Section 6 - Investigation by C.B.I. - Criminal offence - Allegation of molestation by petitioner a maid servant against an high ranking Police Officer in whose house she was working - State Government ordered inquiry by an officer of coordinating rank - Contention of the State that..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Sub Inspector alleged to have beaten a prisoner to death for extracting a confession - Charge u/s 302 IPC - Contention was worthy to be considered that offence could be covered by S.304 Part I IPC in view of Exception 3 of Section 300 IPC - Applicant deserved to be released on bail of Rs.25,000/- with two solvent..........
Criminal Procedure Code, 1973, Section 190, 200 -- 'Taking cognizance of an offence' & 'filing of complaint' - Distinction - Taking cognizance means the action taken by the Court for initiating judicial proceedings against the offender in respect of the offence regarding which the complaint is filed - Taking cognizance of an offence can only be said when Magistrate applies..........
Criminal Procedure Code, 1973, Section 161, 162 -- Statement recorded under Section 161 - What amounts to - Substance of interrogation recorded by investigation officer which was not in terms of S.161 - Cannot be regarded as statement under Section 161 - Same cannot be used for contradiction under Section 162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 306, 307 -- Pardon to accomplice - By trial Court - Distinction between Ss.306 and 307 - Plea that statement of accomplice is required to be recorded first in Court of Magistrate and subsequently in trial Court - Not tenable - Section 306 is applicable where order of commitment has not been passed - Section 307 is applicable in cases..........
Official Secrets Act, 1923, Section 5, 13(3), Criminal Procedure Code, 1973, Section 470 -- No consent or sanction of the Government or any authority as contemplated by Explanation to sub-section (3) of S.470 Cr.P.C.is required for filing the complaint under the Act - `Consent' or `sanction' envisaged u/s 470 Cr.P.C. cannot be equated with the `order' or `authority' for..........
Civil Procedure Code, 1908, Section 20, 2(e), Arbitration and Conciliation Act, 1996, Section 34 -- Territorial jurisdiction - It cannot always be said, in view of S.20 of CPC that only one Court has jurisdiction to try the suit - Territorial jurisdiction is conferred upon a Court on various considerations - Once it is brought to the notice of a Court that proceedings..........
