Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Memo filed by de facto complainant before Committal Court in response to notice given to him by said Court that he has no objection for deletion of names of petitioners who are named in FIR at the time of filing charge sheet by police, cannot operate as a bar for Sessions Court being a trial..........
Immoral Traffic (Prevention) Act, 1956, Section 13, Criminal Procedure Code, 1973, Section 36 -- Special Police Officer - Investigation - General power conferred by S.36 Cr.P.C on a police officer of superior rank should necessarily yield to special provision in S.13(1) of ITP Act, which confines power to deal with offences only to nominated Special Police Officer..........
Immoral Traffic (Prevention) Act, 1956, Section 13, Criminal Procedure Code, 1973, Section 36 -- Special Police Officer - Investigation - Circle Inspector of Police alone was nominated by State Government during relevant period as Special Police Officer to deal with offences under ITP Act, he thus, alone had authority to detect, investigate and also lay final report before..........
Constitution of India, 1950, Article 32 -- Transfer of investigation to CBI - Mere allegations against police do not constitute a sufficient basis to transfer the investigation...........
Constitution of India, 1950, Article 32 -- Transfer of investigation to CBI - Displeasure of an accused person about the manner in which investigation proceeds or an unsubstantiated allegation of a conflict of interest against police conducting the investigation must not derail legitimate course of law and warrant the invocation of extraordinary power of SC to transfer an..........
Constitution of India, 1950, Article 32 -- Quashing of FIR - Where FIR is investigated at Police Station in Mumbai, petitioner must be relegated to avail of the remedies which are available under Cr.P.C before the competent Court including High Court - Petition u/art 32 for quashing FIR not maintainable...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 387, 448 -- Quashing of FIR - Offence u/ss 384, 387, 448 IPC - FIR registered to achieve ulterior motive of collateral purpose of eviction for which no recourse to criminal proceedings can be initiated - Even, action of police locking entrance collapsible iron gate of suit premises is also..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Indian Penal Code, 1860, Section 392, 397, Evidence Act, 1872, Section 9 -- Robbery - Test Identification parade (TIP) - Complainant identified accused who had robbed him on point of knife - He thereafter identified accused during his testimony - Even though accused have been shown to complainant by police, there is no material to doubt his testimony that he was merely..........
Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10 -- Offence u/s 354-A IPC and Ss.7, 8, 9, 10 of POCSO Act - I.O arrested accused during pendency of bail application u/s 438 Cr.P.C - Arrest of accused is in total violation of directions of Full Bench which held that persons who are involved in offences in..........
