Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Earlier FIR closed by Assistant Commissioner of police on the ground that dispute is of civil in nature - Registration of second FIR in respect of same offence is not permissible...........
Criminal Procedure Code, 1973, Section 173 -- Reinvestigation by transfer of Investigating Agency - Earlier FIR closed by police on the ground that dispute was civil in nature - De facto complainant filed a protest petition against closure report - Pending such protest petition DGP transferred investigation for reinvestigation to CBCID - However, leave of Court not..........
Criminal Procedure Code, 1973, Section 362 -- Review or alteration of order - Court can alter or review order only to correct clerical or arithmetical error - Order altered on the basis of letter given by police and it was not the case of police that there was a clerical or arithmetical error in the earlier order - Impugned order set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Recovery of 1 kg charas and 8 kg Ganja - Commercial quantity - Sudden arrest - Mandatory provisions of NDPS Act duly followed in the case - No lacunae found in the guilt of accused - Accused already completed half of his..........
Criminal Procedure Code, 1973, Section 216, 217 -- Addition/alteration of charge - Trial Court can alter/add charge already framed at any stage before judgment is pronounced provided that safeguards u/ss 216, 217 Cr.P.C. are followed so that no prejudice is caused to accused...........
Criminal Procedure Code, 1973, Section 222 -- Minor offence - Person can be convicted of offence for which he was not charged with, if that offence is minor in relation to the offence for which he was charged with...........
Criminal Procedure Code, 1973, Section 222 -- Minor offence - To decide whether offence is a minor offence in relation to another offence, it needs to be ascertained whether both are cognate offences or that they belong to the same genus and species of offences - Punishment alone cannot be the deciding factor in determining the minor offence...........
Criminal Procedure Code, 1973, Section 222, Indian Penal Code, 1860, Section 302, 376A -- Minor offence - Minimum punishment prescribed u/s 302 IPC is life imprisonment while minimum punishment prescribed u/s 376-A IPC is imprisonment for 20 years - Offence u/s 300 IPC held, cannot be said to be a minor offence in relation to offence u/s 376-A IPC...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 302, 376A, 392, 201 -- Non-framing of additional charge u/s 302 IPC - Charge already framed u/ss 376-A, 392, 201 IPC - Ingredients and sentences prescribed under both the offences i.e S.302 and S.376-A IPC are different and S.302 IPC is not a minor offence to S.376-A IPC - Order passed declining..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery - When liability to pay maintenance is a continuing liability, beneficiary cannot be directed to file successive applications - Husband directed to pay entire arrears of maintenance due...........
