Criminal Procedure Code -- Sections 228 & 240 - Framing of charge - If on the allegations of the report, supported by documents, a triable issue arises in favour of the complainant, which should be investigated at the full length trial, the Court should be armed with a power to frame the charge, though it must not behave like post office at the whims of the complainant..........
Criminal Procedure Code, 1973, Section 313 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 - Appeal against conviction - Link evidence - Prosecution tendered in evidence the two affidavits - One sworn by MHC incharge Malkhana with whom case property including the sample was stated to be deposited - The second affidavit sworn by the constable who had..........
Criminal Procedure Code, 1973, Section 133, 401 -- Revision - Once Civil proceedings are pending between the parties before a Civil Court of law and the same subject matter of dispute is in question, the provisions of Section 133 Cr.P.C could not come into play for determining the civil rights of the parties...........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 418 - Revision against conviction - Petitioner convicted under Section 420 IPC by JMIC - Additional Sessions Judge convicting him under Section 418 IPC on the plea of its being lesser offence than that of Section 420 IPC and no prejudice is caused to the petitioner - Held ingredients of Section 418 IPC..........
Criminal Procedure Code, 1973, Section 313 -- Confessional statement made by co-accused Exhibit PF never put to the petitioner when his statement under Section 313 Cr.P.C. recorded - Held these provisions are not the idle formalities - Which are supposed to be respected by trial Court - By not affording opportunity to the petitioner to explain his conduct with regard to..........
Criminal Procedure Code, 1973, Section 429 -- Bail - Offence under section 15 of the N.D.P.S. Act - Police Officer who nabbed the accused, seized the contraband from his possession and lodged the F.I.R., has himself conducted investigation - Plea of the petitioner that it is against basic tenets of Criminal jurisprudence and he is entitled to bail - Plea rejected as he is..........
Indian Penal Code, 1860, Section 302, 307, Army Act, 1950, Section 25, 27 -- Murder - Criminal Procedure Code, 1973, Section 299 - Recording of evidence in the absence of accused - The only requirement under Section 299, Cr.P.C. is that it should be proved that the accused person has absconded - There is no immediate prospect of arresting him - It is not necessary that..........
Criminal Procedure Code, 1973, Section 401, 446(1) -- Forfeiture of Bond - Held u/S.446(1) of the Code when a bond is alleged to have been forfeited, the Court is required to record evidence and arrive at a conclusion that it is proved to his satisfaction that parties have forfeited their bond and thereafter he is required to record the grounds of such proof and may call..........
Criminal Procedure Code, 1973, Section 482 -- Framing of charge - Petition for quashing - FIR u/Ss.420/511/182/34 IPC - Accused-Petitioner discharged for the offence u/Ss.420/182 IPC - Charge-sheet for the Commission of offence u/S.511 read with S.34 IPC ordered to be framed - Challenge made - That Sections 511 and 34 IPC are not the substantive Sections themselves and are..........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Articles 226/227 - Prisons Act, Section 46 - Punishment for Jail offence - Petitioner reduced from Convict Night Watchmen to ordinary prisoner - Process of enquiry conducted by Assistant Superintendent, Jail and Deputy Supdt., Jail - Superintendent, Jail passed formal orders - There is a clear..........
