Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Allegation against I.O - Petitioner misused his authority as Sub-Inspector of police and he intentionally aided actual accused - He admittedly falls within definition of Public Servant u/s 21 IPC and therefore, it is mandatory to follow provision u/s 197 Cr.P.C - Cognizance of offence taken by Court..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Summoning of additional accused - Offence u/ss 307, 147, 148, 149 IPC - All accused were stated to be present at the time of occurrence and carrying fire arms - In view of consistent testimony of both PWs as to presence of all applicants at the time and place of occurrence,..........
Indian Penal Code, 1860, Section 366A, 344, 376(2)(g), 109 -- Kidnapping and rape - No allegation of rape in complaint filed by father of prosecutrix - Levelling allegation against eight persons with regard to rape out of whom police did not submit charge against other accused except present accused stands acquitted by Court below shows that prosecutrix has cooked up a..........
Criminal Procedure Code, 1973, Section 30, 429 -- Default sentence - Default sentences inter se cannot be directed to run concurrently - However, considering financial condition of accused, a case is certainly made out to have sympathetic consideration about quantum of default sentence - While maintaining quantum of fine in respect of four counts of offences punishable..........
, Section 55 -- Violation of prohibitory order - Complaint under IPC - Maintainability - Non-compliance of provisions of Act, Rules or regulations or orders can be subject matter of a prosecution under IPC unless expressly or impliedly barred, as prohibitory order of Commissioner is an order contemplated under Chapter X IPC...........
Indian Penal Code, 1860, Section 188 -- Scope - S.188 IPC not only covers breach of law and order, disobedience of which is punishable, but it is attracted even in case where act complained of causes or tends to cause danger to human life, health or safety as well...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Property dispute - Accused attacked deceased with Gupti (digging instrument) and deceased died instantly - Weapon of offence was seized in blood stained condition from accused at the time of his arrest - Accused admittedly digging holes on the ground at the relevant time - Prosecution proved..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - In order to prosecute an accused for an offence punishable u/S.188 of IPC, it is mandatory to follow procedure prescribed u/S.195 of Cr.P.C., else, such action is rendered void ab initio...........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Objective - Is to provide for particular procedure, which gives authority only to public servant - Legislative intent is to prevent an individual or a group of persons from facing criminal prosecution instituted upon..........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - There must be a complaint by public servant, who is lawfully empowered, whose lawful order has not been complied with - Provisions of S.195 Cr.P.C are mandatory and no, compliance, with it, will make entire process void ab..........
