Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR - FIR lodged on next day of incident - After arrival of informant, police took note of situation and made preliminary enquiry testing veracity of allegations made in FIR and thereafter police lodged FIR - In this way police occasioned slight delay in lodging FIR, and said is not occasioned by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Honour killing - Prima facie involvement of applicants in the murder of deceased is on record - Though case is of circumstantial evidence, but in totality of circumstances, materials which are recovered, it can be said that applicants are involved in brutal murder of deceased - Bail..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Concurrent running of sentences - Three complaints u/s 138 of N.I Act - Single loan transaction - All the three transactions took place within a span of one year and came to be dealt with finally by trial Court as well as Apex Court on a single date - Benefit..........
Criminal Procedure Code, 1973, Section 482, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 23, 25, Indian Penal Code, 1860, Section 120B, 201 -- Quashing of proceedings - Sex determination - Victim stated that her husband and mother-in-law took her to clinic of petitioner when she was three months pregnant for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 310 kg poppy straw - Recovery effected from co-accused - No recovery effected from petitioner - Vehicle carrying contraband was registered in the name of petitioner - Rigor of S.37 of NDPS Act not applicable - Without expressing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in NDPS Act - Vehicle carrying 22 kg poppy straw i.e below commercial quantity - Merely because vehicle is likely to be confiscated after trial, conditional release of vehicle on "supardagi" cannot be denied and..........
Criminal Procedure Code, 1973, Section 164, Constitution of India, 1950, Article 20(3) -- Confessional statement - Oath administered to accused before recording confessional statement - Amounts to violation of Art.20(3) of Constitution...........
Criminal Procedure Code, 1973, Section 164, 463 -- Confessional statement - Recorded on oath - Cannot be termed as curable irregularity u/s 463 Cr.P.C...........
Criminal Procedure Code, 1973, Section 164 -- Confessional statement - Recorded on oath - Leads to inference that confessional statement is not voluntary...........
Criminal Procedure Code, 1973, Section 164(5) -- Recording of statement - By administering oath u/s 164(5) Cr.P.C. - Limited only to witnesses and not to accused making confession...........
