Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Unlawful assembly and rioting - FIR against 15-16 named persons and 15-16 unnamed persons was registered, who were agitating against police - About 500-600 people assembled at a place - Mob was uncontrollable, as their Block Pramukh was murdered near police station one day before the incident - Due..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - There is no hard and fast rule that proceedings cannot be quashed after filing of challan or even after framing of charge - It all depends upon facts of each case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 20(b)(ii)(C) -- Nature of offence - Recovery of 22 kg 700 gm cannabis - No failure of justice occasioned by Court below by no, mentioning of S.20(b)(ii)(C) of the Act with charge - Conviction u/s 20(b)(ii)(C) of the Act thus, upheld...........
Indian Penal Code, 1860, Section 201 -- Causing disappearance of evidence - Charge u/s 201 IPC can be independently laid and conviction maintained, in case prosecution is able to establish that an offence had been committed, the person charged with the offence had the knowledge or the reason to believe that the offence had been committed, the said person has caused..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Deceased committed suicide by hanging - Last rites of deceased performed in presence of her family members - High Court is not justified in maintaining conviction of accused u/s 201 IPC only on ground that no communication was given to police and that post-mortem had not been performed, particularly, when family..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 456 -- Discharge - Lurking house trespass - Accused entered into room in possession of complainant through window - Police submitted charge sheet against accused - Merely because suit for partition filed by accused regarding disputed property is pending, it does not give him right to forcefully..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, Evidence Act, 1872, Section 27 -- Theft of opium - Information given by co-accused - Case of prosecution is that co-accused was having licence to produce opium and as he could not produce requisite quantity of opium he filed a false case of theft of opium and opium which was recovered was also not having..........
Criminal Procedure Code, 1973, Section 156(3) -- Further investigation - After submission of charge sheet by police - Magistrate is within his power to direct further investigation after submission of charge sheet by police in an appropriate case, if he is otherwise satisfied that investigation done by police is improper...........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Order framing charge - Merely because petitioner helped co-accused to purchase weapon, motorcycle and spectacles, would not in itself lead to inference that petitioner also participated in crime, particularly when petitioner had no knowledge as to for what purposes said weapon, motorcycle or spectacles had been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 392, 397, 34 -- Bail - Offence u/ss 392, 397, 34 of IPC - Petitioner arrested only on basis of statement of co-accused - Petitioner incarcerated since 30.8.2017 - Investigation is over and charge sheet has been filed - No purpose would be served in keeping petitioner incarcerated at this stage -..........
