Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 304-B, 34 IPC - Court below summoned petitioners when examinatio, i, chief of complainant was mid way and was not complete - No witness from bank has come before Court who proved the account statement of complainant which proved the fact regarding demands of accused fulfilled by..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Bail - Offence u/ss 21 , 22 of the Act - Recovery of 196 intoxicant injections and 14 grams heroin - Admittedly, neither mandatory provision of S.50 NDPS Act has been complied with nor any other case of NDPS Act has been pointed out against petitioner - Bail..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - Crime in question involving high ranking officials of State as well as Central Government - For instilling confidence in the minds of victims as well as public at large, High Court predicated that it was but necessary to entrust..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - Accused named in FIR, has no right to be heard at the stage of investigation or to have an opportunity of hearing as a matter of course - Mere fact that accused was not impleaded as a party in writ petition or for that matter was..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - High Court transferred investigation to CBI after due consideration of all relevant aspects - Transfer of investigation to CBI does not depend on inadequacy of inquiry/investigation carried out by State police - Since nature of..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Petition filed by member of legislative assembly as Public Interest Litigation - Cannot be brushed aside on the allegation of political vendetta, if otherwise, it is genuine and raises a reasonable apprehension of likelihood of bias in dispensation of criminal justice system...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Defence evidence not discussed by High Court while passing order on merits in appeal - However, accused cannot blame High Court for this, since he failed to appear before High Court when matter was taken up for hearing - In the interest of justice accused is given liberty to argue his case before..........
Criminal Procedure Code, 1973, Section 154 -- FIR - General Diary - Absence of entries in General Diary concerning preliminary enquiry not per se illegal - There is no provision under Cr.P.C. barring investigating authority to investigate into matter, which may for some justifiable ground, not found to have been entered in General Diary right after receiving confidential..........
Criminal Procedure Code, 1973, Section 154, Police Act, 1861, Section 44 -- FIR - General Diary - Non-maintenance of General Diary per se may not render whole prosecution illegal - However, such no, maintenance of General Diary may have consequences on merits of case, which is a matter of trial...........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - Bail once granted should not be cancelled unless a cogent case, based on a supervening event is made out...........
