Criminal Procedure Code, 1973, Section 41A -- Notice of appearance before police officer - Non-bailable warrants - Mere fact that petitioner having already left India and no notice had been issued prior to that, it cannot be presumed that petitioner was fleeing from justice and evading process of law - Investigation in the matter has not yet been completed - Petitioner has..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on medical grounds - Guidelines issued: (i) Medical reports from Jail Hospital must clearly state history, examination findings and clinical diagnosis, interpretation of diagnosis in simpler terms for Judges to understand following: (a) What is the diagnosis?: (b) Whether it can be simply treated by giving..........
Criminal Procedure Code, 1973, Section 73 -- Non-bailable warrant - Non co-operation in investigation and not answering the questions put by I.O. appropriately - Not a ground per se for issuance of non bailable warrants as every accused is entitled to right to silence to prevent self incrimination in terms of Art. 20(3) of Constitution of India - Order issuing non bailable..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Case is at the stage of investigation - In absence of filing final report, no case is made out for transfer of case u/s 406 Cr.P.C...........
Indian Penal Code, 1860, Section 304I, Arms Act, 1959, Section 25, 27 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Plea raised by prosecution first time during trial that accused was bearing torch in his hand and in the light of torch he had verified identity of deceased and he opened fire with gun on account of illicit relations of deceased with the wife of..........
Criminal Procedure Code, 1973, Section 154 -- Pre FIR stage enquiry - Enquiry at pre-FIR stage/Preliminary enquiry - (i) such enquiry cannot be said to be a fishing or roving enquiry; (ii) where accused was called upon to give his statement during course of open enquiry, such a statement cannot be said to be a statement u/s 160 Cr.P.C and/or statement to be recorded during..........
Indian Penal Code, 1860, Section 452, 342, 436, 307, 506, 201, 34 -- Offence u/ss 452, 342, 436, 307, 506, 201, 34 IPC - Bail - Both the accused seen in CCTV camera - However, report of FSL, if perused, clearly reveals that nothing substantial could be seen in the CCTV camera - Moreover, motive attributed to accused is too bleak to conclude complicity of accused in the..........
Release of prisoners -- Parole or interim bail - COVID-19 Pandemic - Direction issued Viz: States and UTs directed to constitute High Powered Committee to determine which class of prisoners could be released on parole or interim bail for such period as might be thought appropriate - However, orders of Supreme Court not to be construed as any direction, or even..........
Criminal Procedure Code, 1973, Section 157 -- Instructions dated 04.05.2017 issued by Director, Bureau of Investigation, Punjab - Investigation - Instructions dated 04.05.2017 issued by Director, Bureau of Investigation, Punjab violate the process and procedure of investigation established by Code of Criminal Procedure, 1973, and further cause abuse of process of Court by..........
Criminal Procedure Code, 1973, Section 157 -- Inquiry - Holding simultaneous inquiry either during investigation or post submission of final report u/s 173(2) Cr.P.C is incomprehensible under Cr.P.C - Such inquiries by police officers are sheer and blatant interference with process of justice and cannot stand the test of justification - It is unfair for prosecution also to..........
