Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person approaching Court for such relief must come with clean hands disclosing all the facts without trying to conceal anything...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Not to be granted in routine but only in exceptional circumstances...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Custodial interrogation is more elicitation oriented since a person, who is couched in comparative safety of pre-arrest bail would certainly not disclose all facts within his knowledge which would be inculpatory for him...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 336, Indian Medical Council Act, 1956, Section 15(2), 15(3) -- Anticipatory bail - Cheating - Accused without having proper medical degree in allopathy medicine had been practicing the same endangering lives of people coming to him for treatment - Version put by accused that clinic used to be..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Committing certain excesses during performance of official duty - Sanction is necessary...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - When there is reasonable connection between alleged act done and official duty, sanction from competent authority is necessary...........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376, 302 -- Statement of accused u/s 313 Cr.P.C - Rape and murder of five years old girl by 33 years old accused - Victim not transpired for 2 days from date of missing - Recovery of dead body of victim and her belonging were made from room of accused - No explanation given by accused in his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 154 -- Recovery of 1.5 kg charas - Registration of FIR subsequent to recovery - If in recovery memo, FIR number is mentioned which was admittedly registered subsequent to effecting recovery, prosecution case becomes highly doubtful...........
Criminal Procedure Code, 1973, Section 2(c), 41(1)(b), 41(1)(b)(a), 157(1), 173(2)(f), 173(2)(g) -- Arrest - Investigating agency is not obliged to arrest accused whenever cognizable offence is registered - Discretion to arrest accused has to be exercised by investigating agency by applying principles laid down in the Code itself...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Metropolitan Magistrate cannot examine whether discretion of I.O to arrest or not to arrest accused, has been properly exercised - He is only concerned with charge sheet - He may return charge sheet if he finds that investigation is not complete, or charge sheet is not borne out from evidence collected..........
