Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute a public servant - Sanction u/s.197 Cr.P.C is necessary when the offences alleged against the public servant are committed by him while acting or purporting to act in the discharge of his official duty - Further, such act or omission for which the accused was charged should have a reasonable connection..........
Indian Penal Code, 1860, Section 324, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 324, 323, 504, 506, 34 IPC - Quashing of proceedings - Injured alleged that applicant Nos.1 & 2 both have used teeth as weapon - However, as per ingredients of S.324 IPC, hurt should be by means of any instrument for shooting, stabbing or cutting or any..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Murder - Body of deceased was found at 5:30 am and FIR is alleged to have been registered soon thereafter - Report and FIR were presented to Magistrate at 3:30 pm - Explanation that delay occurred because of transfer of Magistrate as per constable, who had brought the FIR to Court - However,..........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Re-appreciation of evidence - If trial Court and appellate Court has recorded finding of fact, question of re-appreciation of evidence by third Court does not arise unless it is found to be totally perverse...........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 7A -- Bail - Offence u/ss 7, 7-A of P.C Act - Petitioner has been in custody since 24.12.2024 - Challan already presented - Prosecution has cited 30 witnesses, none of whom have been examined yet - Trial is likely to take considerable time to conclude - No recovery of any alleged..........
Criminal Procedure Code, 1973, Section 167(2), Official Secrets Act, 1923, Section 3, 4, 5, Indian Penal Code, 1860, Section 120B -- Default bail - Offence u/ss 3, 4, 5 of Officials Secrets Act and u/s 120-B IPC - S.3 of Officials Secrets Act, prescribes maximum punishment up to 14 years - There is no minimum punishment provided under the said provision - Punishment..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sine qua non for applicability of S.197 Cr.P.C is that offence charged must be committed by public servant either in his official capacity or under color of office held by him and that there is a direct or reasonable connection between the act and official duty...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act of applicants/police officials was not committed in their official capacity or under color of office held by them - There is no direct or reasonable connection between their act and their official duty - Merely because applicants are police officials, it would not provide any shield to applicants..........
Criminal Procedure Code, 1973, Section 294 -- Documents - Court can call upon to admit or deny genuineness of documents filed before it by prosecution or by accused, but such documents have to be included in a list providing for particulars of each document...........
Criminal Procedure Code, 1973, Section 294 -- Documents - Formal proof of a document is not required once its genuineness is admitted by adverse party - Provision is applicable to all documents filed either by prosecution or accused, irrespective of their nature and character...........
