Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Complainant Government servant - Filed complaint with police alleging beaten by the petitioner - FIR registered under sections 353, 332 and 186 IPC - Court took cognizance and charge framed - Petitioner's plea that Section 195 of the Code of Criminal Procedure bars the Court from taking cognizance of any..........
Criminal Procedure Code, 1973, Section 482 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - Drugs and Cosmetics Act, 1940 - FIR - Petition for quashing - None of drugs seized falls within the mischief of "Narcotic Drugs" and "Psychotropic Substance" as defined in the Act - But they are "Drugs" or "medicines" as defined in the Drugs and Cosmetics Act -..........
Criminal Procedure Code, 1973, Section 389(2) -- Conviction under Section 304B I.P.C. - Appeal against conviction - Suspension of sentence - Sentence passed on `S' father-in-law of the deceased suspended during the pendency of the appeal and bail ordered to be allowed to him...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Section 438 of the Code applies to all no, bailable offences and not merely to offences punishable with death or imprisonment for life - Applicability of the section is not confined to offences triable exclusively by the Court of Sessions - There is no indication in Section 438 of the Code for justifying a..........
Criminal Procedure Code, 1973, Section 155 -- Non-cognizable offence - Taking of cognizance by Magistrate - Magistrate can take cognizance of an offence on the basis of police report even though such report indicates only a no, cognizable offence - Such a report cannot be said to be vitiated by virtue of Section 155 when the investigation was only in respect of cognizable..........
Criminal Procedure Code, 1973, Section 162 -- Contents of statements of PWs not examined at the trial and dropped by the prosecution as having won over by the accused - Cannot be brought on record through the Investigating Officer - The same is hit by the provisions of section 162 of the Code...........
Punjab Courts Act, 1918, Section 41 -- Second appeal - Plea that plaintiff not ready and willing to perform his part of contract - Question of fact - Cannot be raised in second appeal - Civil Procedure Code, Section 100...........
Criminal Procedure Code, 1973, Section 154(1) -- FIR - Registration of - If the allegations of a complaint disclose a cognizable offence and information regarding cognizable offence is just laid before the S.H.O. the S.H.O. is duty bound to register the case - The police at that stage cannot be assigned with judicial functions which will be gone through by the law courts..........
Criminal Procedure Code, 1973, Section 319, 482 -- Expunction of remarks - Petition for - Application by petitioner under section 319 as Assistant Public Prosecutor invoking the jurisdiction of the Court to summon `D' and `A' also for trial - Sessions Judge declined the application on the ground that application filed without seeking instructions from the District..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - FIR u/S.406, 494, 495, 496 and 498A IPC - Chargesheet filed in the Court - Held that in view of the legal bar imposed by section 198(1) Cr.P.C. the trial court cannot be permitted to proceed with the case with reference to the offences under Sections 494, 495 and 496 I.P.C. on the basis of F.I.R...........
