Criminal Procedure Code, 1973, Section 156, 155 -- Cognizable and no, cognizable offence - In case of no, cognizable offence, if facts disclose commission of both cognizable and no, cognizable offences, they can be tried together and no separate complaint is required for no, cognizable offences - However, while investigating a cognizable offence and presenting a charge..........
Indian Penal Code, 1860, Section 201, Criminal Procedure Code, 1973, Section 482 -- Order framing charge u/s 201 IPC - Sufficient material to indicate that applicants had some knowledge as well as reason to believe commission of offence - It was therefore their duty to furnish this information to authorities - However, whether applicants did so or not or whether they did..........
Surcharge -- Nature of surcharge - Has to be considered as per intendment in which it has been used in the enactment - It is basically over and above main levy and is in the form of additional charge - It may carry different contours as per provisions of an enactment and different methodology for its determination...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(2), 29 -- Recovery of ganja 9200 gm - Complainant a police officer who himself carried out the investigation and after conclusion of investigation he himself filed the charge sheet - Accused acquitted...........
Criminal Procedure Code, 1973, Section 197(2), 197(3) -- Sanction for prosecution - State Government notification making 197(2) applicable to `officers and men' of Bihar Police Force - Sanction for prosecution thus, condition precedent to initiate proceedings against officers-i, charge of Government Rail Police Station - Complaint that occurrence had taken place at Railway..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix attained the age of majority at or before the time of incident - FIR and statement of witnesses of fact are based on either suspicion and apprehension or on hearsay evidences and do not support the facts of charge - Prosecutrix herself admitted that she performed..........
Criminal Procedure Code, 1973, Section 155(2) -- Order u/s 155(2) Cr.P.C. can be passed by Magistrate on the motion of complainant himself or at the instance of officer-i, charge of police station - However, Magistrate is to be sure that police officer is not indiscriminately abusing his powers to commence an investigation in a no, cognizable case - Magistrate is bound to..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Power of Court - If there is no prima facie evidence against a person in charge-sheet, then Court has jurisdiction to pass order to discharge such person...........
Criminal Procedure Code, 1973, Section 326(3) -- Summary/summons trial - Case registered as summary case - But regular recording of oral evidence of PWs was done - Learned judge was transferred and new presiding officer took charge - Magistrate failed to consider that case was not being tried as summary case, but was being tried as a regular case - Impugned order directing..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased committed suicide within seven years of her marriage - Cause of death could not be ascertained - Soon after marriage she was subjected to demand of dowry specially the scooter - Bald statements on record that deceased was beaten for dowry - These allegations may be enough to constitute..........
