Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder - PW1 telephonically informed about incident to police on the day of incident - Police registered complaint next day in the morning after inquest panchnama - Prosecution not examined Police constable as a witness - Police may have reached the hospital, as..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of one hour and ten minutes in lodging FIR - Cannot be termed as inordinate delay...........
Criminal Procedure Code, 1973, Section 235(2) -- Hearing on sentence - Procedural irregularity committed by trial Court - Violation can be remedied by appellate Court by either remanding the matter in appropriate cases or by itself giving an effective opportunity to accused...........
Criminal Procedure Code, 1973, Section 235(2) -- Hearing on sentence - Hearing on the same day of pronouncement of judgment - As long as spirit and purpose of S.235(2) Cr.P.C. is met, inasmuch as the accused is afforded a real and effective opportunity to plead his case with respect to sentencing, whether simply by way of oral submissions or by also bringing pertinent..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - - Offence u/s 22 NDPS Act Recovery of 116.42 gm alprazolam and 223.3 gm tramadol hydrochloride - Recovery of alprazolam is slightly above the commercial quantity while recovery of tramadol hydrochloride is below the commercial quantity - No other case is pending..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 295 -- Anticipatory bail - Offence u/ss 153-A, 295 IPC - Burning effigy of Bhavishan Ji - As per petitioner, he had no intention to hurt anybody's religious feelings and that Bhavishan Ji is also seen as a symbol of treachery and has been rather immortalized in hindi phrase `ghar ka bhedi..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 387, 420, 506, 34 -- Bail - Rape - Admittedly, complainant is a grown up mature lady and had volunteered into this relationship over a long period of time - Culpability, if any, shall be determined at the trial which is not likely to conclude in the near future - Petitioner is behind bars..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 376, 342, 406 IPC and S.3 of SC & ST Act - Allegations and counter allegations is a debatable issue arising over the fact whether prosecution has been set up as counter blast to proceedings initiated u/s 138 NI Act which could only be adjudicated at the time of final hearing of case before the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 354B, 376D, 506, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29 -- Bail - Offence u/ss 323, 354-B, 376-D, 506 IPC and Ss.21, 22, 29 NDPS Act - Allegations contained in FIR neither spell out the name of the petitioner nor any role has been attributed to him in the..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Order appointing Special Public Prosecutor - Challenged by accused - Locus standi - Government has power to appoint Special Public Prosecutor, however, it does not mean that such an appointment could be made by Government as a matter of course and without any reasons - Accused complaining..........
