Criminal Procedure Code, 1973, Section 245 -- Discharge - Court is required to record reasons for accepting or not accepting the grounds urged by petitioner to discharge him...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Murder - Entire case of prosecution is based on circumstantial evidence mainly on the Call Details Record (CDR) of wife of petitioner - Said Call details indicate that calls were made to the phone number of prime accused before and after the incident alleged in the FIR - Charge-sheet reveals that statement of wife..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Testimony of father and mother of victim and victim herself shows that on the false pretext of marriage, physical relationship has been established - It appears therefore that physical relationship is with the consent of victim having known even to mother..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(b)(ii)(c), 29 -- Bail - Contraband - Recovery effected from the vehicle - Link of accused to the alleged owner of said contraband and proximity of two vehicles when same was intercepted at the said Naka Check post is on record - Commercial quantity was recovered..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(ii) -- (Criminal Procedure Code, 1973, S.167(2) - Default bail - Charge sheet received by Special Judge and an endorsement made `check and then put up' on 24.01.2024 - It is incumbent on part of investigating agency to file final report within a period of 60 days from the date of receipt of information as per..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(ii) -- (Criminal Procedure Code, 1973, S.167(2) - Default bail - Once charge sheet is filed ticking of clock with regarding to statutory right which is carved out in Statute would automatically stop...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - S.156 Cr.P.C does not contemplate recording of preliminary statement of a complainant at the time of issuing a direction for registration of an FIR - In fact a direction in terms of S.156(3) Cr.P.C is issued at pre-cognizable stage...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate had taken cognizance of offences by recording preliminary statement of complainant and thereafter directed SSP to hold an enquiry with a view to ascertain truth or falsehood of allegations made in the complaint - Having undertaken recourse to procedure it was not open to..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality and renders the proclamation and proceedings subsequent thereto a nullity...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward, order declaring petitioner as proclaimed person set aside...........
