Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - Offence u/s 120-B IPC - It is no part of duty of public servant to enter into criminal conspiracy or criminal misconduct - Sanction for prosecution thus, not necessary to prosecute a public servant for offence u/s 120-B IPC...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - Offence u/ss 13(1)(d), 13(2) of P.C. Act and S.120-B IPC - No sanction is required to prosecute a public servant who ceased to hold office when prosecution is for offences under P.C. Act - So far as..........
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67 -- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6..........
Criminal Procedure Code, 1973, Section 24 -- Public Prosecutor - It is duty of Prosecutor to aid Court and to apprise Court regarding actual location of incident - Prosecutor is not bound by police case itself - Prosecutor can well go beyond matters investigated by I.O. - If I.O. has failed to cite a witness, who ought to have been cited, law will stand in favour of..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court while allowing revision petition neither issued notice to petitioners nor petitioners arrayed as respondents by complainant - Court of Revision required to afford an opportunity of hearing to concerned party at time of upsetting order passed in favour of said party by Magistrate - Impugned order set aside..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners found innocent during investigation and challan was not presented against them - Though petitioners named as accused present at the spot but no specific overt act attributed to them - Not enough material on record to order summoning of petitioners to face trial as additional accused..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Unlawful assembly and rioting - FIR against 15-16 named persons and 15-16 unnamed persons was registered, who were agitating against police - About 500-600 people assembled at a place - Mob was uncontrollable, as their Block Pramukh was murdered near police station one day before the incident - Due..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. - Executive Magistrate directed issuance of notice to petitioner on the very same day without caring to draw up a preliminary order as mandated u/s 133(1) Cr.P.C. - Magistrate did not pass a preliminary order in terms of S.133 Cr.P.C. - Since allegation of public nuisance was opposed by petitioner,..........
Criminal Procedure Code, 1973, Section 357A -- Victim's compensation - Murder case - State Government framed Assam Victim Compensation Scheme 2012 - Scheme provides for compensation of Rs.2 lakhs in case of death - Assam Legal Services Authority directed to pay interim compensation of Rs.2 lakhs to father of deceased...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 120B, Prevention of Corruption Act, 1988, Section 7, 13 -- Bail - Parity with co-accused - Cheating - Forgery - Investigation already complete and challan presented - Trial is at initial stage and would take time to conclude - Co-accused against whom there are similar..........
