Criminal Procedure Code, 1973, Section 190, 156(3) -- Cognizance of offence - Once Magistrate takes cognizance of offence u/s 190 CrPC, he cannot order of his own further investigation in the case u/s 156(3) CrPC - But if subsequently Sessions Court passes order discharging accused persons, further investigation by police on its own would be permissible, which may also..........
Armed Forces (Special Powers) Act, 1958, Section 6, Criminal Procedure Code, 1973, Section 197(2) - - Sanction of Central Government for prosecution - Requirement - Accusation made in charge-sheet and averments made in army affidavit does not indicate any relation or nexus of incident with exercise of power under the 1958 Act - Held, protection u/s 6 of the 1958 Act would..........
Criminal Procedure Code, 1973, Section 154, 173 -- Single FIR - Distinct offences - Filing of separate charge-sheets - Permissibility - Held, where distinct offences have been made out from allegations made in FIR, it is permissible to file separate charge-sheets in respect of distinct offences...........
Criminal Procedure Code, 1973, Section 190 -- Taking of cognizance - Meaning - Held, it means to take notice judicially - It means Magistrate's applying mind to offence alleged for purpose of proceeding in a particular way - It is a judicial function - Magistrate may accept the report as it is and take cognizance with regard to alleged offences or he may take cognizance..........
Criminal Procedure Code, 1973, Section 167(2) -- Distinct offences - Default bail - Held, if police failed to complete investigation and file charge sheet u/s 167(2) Cr.P.C. within stipulated period, accused would be entitled to bail - Thus, from the date of arrest of accused, if police failed to complete investigation within prescribed period with regard to offence in..........
Criminal Procedure Code, 1973, Section 167(2), 309 -- Distinct offences - Remand of accused u/s 309 Cr.P.C. - Legality - Special Judge without looking into allegations made in remand report came to the conclusion that CBI has filed full fledged charge-sheet and remanded accused u/s 309 Cr.P.C. - CBI never stated that it was seeking remand of accused with reference to..........
Information Technology Act, 2000, Section 67 -- Hard disc of obscene photos of women recovered from accused - Material not published in electronic form - Publication is condition precedent to book a person u/s 67 of the Information Technology Act - Charge framed u/s 67 of the Act quashed...........
Bahi entries -- Even though entries in the books of accounts regularly kept in the course of business are relevant but mere production and proof of these entries would not by themselves be seen to charge any person with liability and there has to be some independent evidence to prove the transaction...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Has to be taken into consideration at the time of taking cognizance and not at the time of framing charge - Prior to taking cognizance, previous sanction is must...........
Constitution of India, 1950, Article 311 -- Disciplinary proceedings - Charge-sheet or show-cause notice issued to delinquent - Not generally subject-matter of writ petition...........
