Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Matrimonial dispute - Complaint lodged by wife was only to wreak vengeance on accused - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Matrimonial dispute - Wife lodged various complaints against husband/accused - Accused had been granted anticipatory bail in previous case for lack of evidence - Present complaint lodged by wife was only to wreak vengeance on accused - Accused is a journalist by profession running a monthly newspaper - High..........
Criminal Procedure Code, 1973, Section 169 -- If I.O. is of the opinion that a particular accused has not committed the offence, he has an option to take recourse to S.169 Cr.P.C...........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 302 -- Compensation - Defective investigation - Murder case - Accused suffered agony of facing criminal prosecution for a period of 20 years for committing the murder of a man who was later on found alive - I.O after knowing the said fact investigated the case from 1996 to 2006 and has shown utter..........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Taking cognizance and ordering pre summoning evidence instead of issuing direction to police to register FIR - Order upheld as nature of evidence required to be led to substantiate such accusations does not require any police investigation...........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
Criminal Procedure Code, 1973, Section 41A -- Cheating - Mere mentioning of S.467 IPC ipso facto doe snot take away power of I.O. to invoke provision of S.41-A Cr.P.C...........
Criminal Procedure Code, 1973, Section 41A, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 34 -- Mere allegation of S.467 IPC in the FIR or the complaint, in the absence of original documents claimed to be forged, does not debar police to apply S.41-A of the Code...........
Criminal Procedure Code, 1973, Section 41A -- Forged documents - In the absence of original forged documents, discretion lies with I.O. u/s 41-A whereas having the possession of original forged documents takes way discretion of I.O. and he is duty bound to arrest the accused...........
Drugs and Cosmetics Act, 1940, Section 27(d), Criminal Procedure Code, 1973, Section 468, 482 -- Sample of medicine Decicort Tab - Cognizance of offence - Limitation - Sample found to be sub standard - Maximum punishment which can be imposed u/s 27(d) of Act of 1940 is 2 years and period of limitation as prescribed u/s 468 Cr.P.C. is three years - However, more than 8..........
