Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2), Indian Penal Code, 1860, Section 420, 468, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 60(3), 31(2) - - Double jeopardy - Forgery and tax evasion - Separate proceedings initiated against accused for evasion of tax under IPC and Act of 2005 - Maintainability - As..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Discretion in appointing a Special Public Prosecutor should not be merely left to be decided on political motives, particularly, when the case was politically motivated...........
Criminal Procedure Code, 1973, Section 386 -- Power of appellate Court - Remand of case to trial Court - Trial Court not properly considered fact as to whether accused were entitled for benefit of doubt and convicted accused - Appellate Court set aside order of conviction and remanded case to trial Court for fresh decision - Appellate Court being itself a Court of facts..........
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(ia)(a), 2(ia)(m), 16, 17, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Adulteration in mustered oil - Vicarious liability - To substantiate vicarious liability, neither there is averment in complaint nor there is any material to fasten liability of applicants - Proceedings not tenable in..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Invocation of S.91 by accused at the stage of framing of charge - Held, at the stage of framing of charge, accused cannot ordinarily invoke S.91 - However, if Court is satisfied that there is material of sterling quality which has been withheld by investigator/prosecutor, Court is not debarred from..........
Criminal Procedure Code, 1973, Section 53 -- Examination of accused by medical practitioner at the request of police officer - DNA profiling - If person is arrested on charge of committing offence of such a nature and there are reasonable grounds for believing that examination of his person will afford evidence as to the commission of offence, then it shall be lawful for..........
Criminal Procedure Code, 1973, Section 53, 53A, 54, Constitution of India, 1950, Article 20(3) -- DNA profiling - Constitutionality - DNA profiling is a record created on basis of DNA samples made available by forensic experts - Therefore, taking of DNA samples which are in the nature of physical evidence does not violate Art.20(3) of the Constitution...........
Criminal Procedure Code, 1973, Section 202 -- Summoning of accused - Private complaint - At the stage of summoning accused, all that is required is satisfaction by Magistrate that there is sufficient ground to proceed against accused in the light of records made available and evidence adduced by complainant...........
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Summoning of accused - Offence u/ss 420, 468, 471, 120-B IPC - Magistrate summoned accused after required satisfaction that there is sufficient ground to proceed against accused - High Court went into wrong in interfering with summoning order and quashing the same - Impugned..........
Criminal Procedure Code, 1973, Section 154, 156(3) -- FIR - Can be lodged by private person against wrongs done by another private person regarding immovable property belonging to Government - Order of summoning of accused on basis of said FIR affirmed...........
