Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 250 kgs opium - Co-accused already granted bail - Accused in custody since 16.10.2015 - Out of 15 witnesses, none has so far been examined - Bail granted...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 166B, 337, 338 -- Direction for Registration of FIR - Medical negligence - Complaint prima facie disclose negligence of medical practitioner while treating patient - Dismissal of complaint only on the ground that affidavit not filed alongwith complaint, not proper - Affidavit not filed with..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Offence u/ss 306, 498-A, 34 IPC - Deceased committed suicide due to regular torture and beatings given by accused - Son of deceased who is only 12 years old was alone at home - Taking into account the fact with regard to welfare of minor son, who lost his..........
Criminal Procedure Code, 1973, Section 362, Indian Penal Code, 1860, Section 420, 120B, Partnership Act, 1932, Section 70 -- Recall of proceedings dropped in the light of settlement between parties - Applicant neither a complainant nor an accused therein - Recall of order amounts to review which is not permissible - Petition dismissed...........
Criminal Procedure Code, 1973, Section 190 -- Word "cognizance" has no esoteric or mystic significance in criminal law and procedure - It merely means "become aware of" and when used with reference to a Court or judge "to take notice of judicially"...........
Criminal Procedure Code, 1973, Section 399, 401 -- Revision - Even if revisional order is found to be laconic, it is not desirable to upset the same by remanding the matter back to revisional Court particularly when remand order would not serve any fruitful purpose for securing ends of justice...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sanction u/s 197 Cr.P.C. or sanction mandated under a special statute (as postulated u/s 19 of Prevention of Corruption Act) is a necessary pre-requisite, before a Court of competent jurisdiction takes cognizance of an offence (whether under the IPC or under the concerned special statutory enactment)..........
Criminal Procedure Code, 1973, Section 197, 319 -- Sanction for prosecution - Where cognizance is taken u/s 319 Cr.P.C., sanction either u/s 197 Cr.P.C. or under special enactment is mandatory pre-requisite...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Illegal or unauthorised detention by police officials - Said detention cannot be taken to have been made by accused while acting or purporting to act in the discharge of their official duties - Sanction for prosecution is not required...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of sanction u/s 197 Cr.P.C. can be assailed by accused by taking recourse to judicial review - Likewise, order declining sanction, can similarly be assailed by complainant or the prosecution...........
