Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156 Cr.P.C. - Said application in fact a criminal complaint though mentioned as application - If Magistrate decides not to forward the same to police for registration of a case, then he is required to follow the procedure for trial of cases instituted otherwise than on police report - In that eventuality,..........
Criminal Procedure Code, 1973, Section 173 -- Negative final report by police - FIR u/ss 366-A, 376-G, 342 IPC - Special judge accepted negative final report without serving notices on complainant and without providing her any opportunity of hearing - Impugned order of Special Judge cannot be sustained as being totally against settled principles of law and thus set aside -..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 61, 85 -- Release of seized vehicle - Vehicle involved in NDPS case - Recovery of 2.600 kg opium - Recovery effected from vehicle in question - Ownership of vehicle of petitioner is admitted fact, which was not required by investigating agency for further..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Power u/s 451 Cr.P.C. should be exercised expeditiously and judiciously during time of trial keeping in mind that : (i) owner of articles would not suffer because of its remaining unused or by its misappropriation; (ii) Court or police would not require to keep articles in safe custody; (iii) if..........
Criminal Procedure Code, 1973, Section 154, 173(8) -- Second FIR - Plea that there should be further investigation and not second FIR - Both the appellants furnished wrong information to police as to their names, father's name and address during course of investigation made on the first FIR - Second FIR registered u/ss 419, 420 IPC - Offences under second FIR committed..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Release of seized vehicle - Vehicle involved in NDPS case - Recovery of 700 gms intoxicating powder - Allegation that accused indulged in business of selling intoxicant substances - Recovery effected from personal search of accused - Trial in the case pending -..........
Criminal Procedure Code, 1973, Section 154 -- FIR - FIR registered suo moto by a police officer on the basis of information received by him - Materials received by police officer, revealing commission of cognizable offence, must be proved by officer, who received the information...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 8 hours in lodging FIR - Dowry death is very sensitive matter involving close relatives and only after properly thinking over the matter, report is lodged with police - Thus, delay of 8 hours in lodging FIR is inconsequential and is not going to adversely affect the veracity of prosecution case...........
Criminal Procedure Code, 1973, Section 154 -- Two FIR's - Murder trial - Confessional FIR of accused was not only delayed but was suspected to be ante-timed - Facts of said FIR remained disproved and hence it is not reliable - However, second FIR is not only devoid of material facts but lodged at police station having lack of jurisdiction - Even motive was not mentioned in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of 1.150 kg charas - Appeal against acquittal - Leave to appeal - Accused acquitted on the concept of two views theory - When two contradictory views are possible as per testimonies of eye witnesses then view favorable to accused should be adopted by..........
