Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Legible copy of statement of victim recorded u/s 164 Cr.P.C shall be made available to accused before start of trial and said mandate should not be deferred till the examination of Magistrate who recorded said statement - Accused has a statutory right to use S.164 Cr.P.C statement..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Magistrate/Courts should not issue certified copies of statement recorded u/s 164 Cr.P.C. to any person till cognizance is taken on the charge-sheet/police report - Even lower Courts are issuing certified copies of statement recorded u/s 164 Cr.P.C. (Now S.183 BNSS) which is legally..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Magistrate while rejecting bail application has given detailed reasons for the same - Filing of application u/s 482 Cr.P.C for challenging order rejecting bail, amounts to second bail application - Application rejected...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 384, 389, 406, 120B, 34 -- Quashing of FIR - Cheating - Aspect about complicity of a person who was involved in the forgery is a disputed question of fact and the same will have to be addressed after a proper appreciation of evidence which can be done only during trial and not at such a..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Special Court/Magistrate has power to release the vehicle in question for interim custody u/ss 451, 457 Cr.P.C and owner shall take defence and he shall prove that vehicle was used without his knowledge by person transporting the drugs...........
Criminal Procedure Code, 1973, Section 156, 482 -- Defective investigation - Investigation is still at a very nascent stage, and petition appears to have been filed prematurely without awaiting its outcome - Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, aggrieved person can seek recourse by approaching a superior police officer..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in forthwith reporting seizure to Magistrate may only be an irregularity but total failure to report seizure will definitely have a negative impact on the validity of seizure...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
Criminal Procedure Code, 1973, Section 146, 145 -- Order of attachment - There must be existence of situation over possession of disputed land which may cause breach of peace between parties prior to any order of attachment of disputed property is made - If there is no direct evidence of any likelihood of breach of peace, inability of Magistrate concerned to come to a..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
