Criminal Procedure Code, 1973, Section 85 -- Release of attached property - Property attached to secure presence of accused - Accused appeared before Magistrate within 4 months of order of attachment and pleaded guilty - Once purpose of issuing attachment was achieved, Magistrate ought to have withdrawn attachment and restored the property - Authorities directed to restore..........
Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred on Magistrate by Supreme Court in exercise of jurisdiction..........
Criminal Procedure Code, 1973, Section 202 -- Complaint sent to police u/s 156(3) Cr.P.C. for investigation - Police filed negative final report on the ground that it is not having territorial jurisdiction - Complainant filed protest petition and Magistrate proceeded to record statement of complainant and his witnesses thereby he commenced investigating the case - Order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order on printed proforma - Blanks in printed proforma filled up by some Court employee and Magistrate thereafter just put his initial - It leads to conclusion that Magistrate has passed order in a mechanical manner without application of judicial mind - Summoning of an accused in a criminal..........
Criminal Procedure Code, 1973, Section 195(1)(a), 173, Indian Penal Code, 1860, Section 188 -- Cognizance of offence on basis of police report - Offence u/s 188 IPC - No complaint ever filed in Court by Public servant concerned - FIR u/s 188 IPC itself was impermissible and cognizance of offence on basis of a police report was barred - Summoning of petitioner after taking..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34 -- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of S.50 of the Act - Accused declined offer u/s 50 of the Act - Raiding team is nevertheless required to have the search of accused conducted in the presence of a Gazetted Officer or Magistrate - Accused and bags searched by raiding team and not in the presence of any Gazetted Officer or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner..........
Arms Act, 1959, Section 17(3)(b) -- Cancellation of firearm license - Suspension order is only an interim order - District Magistrate is supposed to pass final order - Since no final order is passed, suspension order cannot be continued for indefinite period particularly when more than 10 years have passed till now - Suspension order being patently arbitrary and illegal..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused driving his jeep rashly and negligently dashed in backside cycle of deceased - Deceased died on the spot and his cycle was broken - Alleged jeep was stationed in police chaunki on same day after accident by accused - Owner of vehicle is not produced by accused - PW1 was sole eye witness to..........
