Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - FIR - Omission to mention name of accused - Effect - Witnesses stated about role of accused in crime during investigation - Held, merely because complainant did not suspect involvement of accused would not mean that he could not be named in charge-sheet - Thus, no, mentioning of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Murder case - Petitioner sitting MP - Contention that incarceration of petitioner would prevent him from performing his duties in Parliament and in his constituency - Held, petitioner is a suspect/accused in offence of murder - No special treatment can be given to petitioner simply on ground that he is sitting MP -..........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Offence u/ss 366, 498, 342 & 506 IPC - Accused in judicial custody for 77 days - Investigation not completed and charge sheet not filed - Application for default bail returned on the premise that application has to be filed after 90 days from the date on which accused was remanded to judicial custody -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 425, 426, 427 -- Quashing of charge sheet - Mischief - Allegation in FIR that contrary to the directions issued by Election Commission, slogans etc. written on walls not eradicated or scraped by applicant - Allegations contained in the First Information Report or in the statement of first..........
Service -- Departmental proceedings - Dismissal - Another charge-sheet - Employee who has already been dismissed from service cannot be imposed any other penalty on the conclusion of inquiry pertaining to another charge-sheet - But if employee challenges dismissal order and said dismissal is set aside by Tribunal and/or High Court/Supreme Court and he/she is reinstated in..........
Service -- Departmental proceedings - Dismissal - Another charge-sheet which is 25 years old - No departmental proceedings in respect of said another charge sheet can start till the conclusion of judicial proceedings in respect of earlier dismissal order - That process would consume few more years - Held, even if dismissal order against delinquent is ultimately set aside..........
Criminal Procedure Code, 1973, Section 190(1)(c), 482 -- Additional offences - Cognizance of - Powers of Magistrate - Charge-sheet submitted by police after investigation - Cognizance taken by Magistrate - During pendency of proceedings, application u/s.190(1)(c) Cr.P.C. filed by prosecution to take cognizance of additional offences along with previous ones of which..........
Guardians and Wards Act, 1890, Section 7, 19, 25 - - Guardianship & custody of minor child - Mother of child dying of burn injuries - No charge sheet ever filed against father though criminal case is pending against paternal grand mother of child - Maternal grandfather forcibly abducted minor child from the custody of father - Father immediately filed criminal complaint..........
Criminal Procedure Code, 1973, Section 319(1) -- Summoning of additional accused - Whether word "evidence" used in S.319(1) Cr.P.C. has been used in a comprehensive sense and includes evidence collected during investigation or word "evidence" is limited to evidence recorded during trial? - Held, materials coming before Court in course of enquiries can be used for..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of supplementary charge-sheet - Petitioners while taking re-possession of vehicle financed by company alleged to have robbed complainant/driver of vehicle, assaulted him and snatched keys from him - Offence of robbery prima facie was not made out against petitioners, therefore, supplementary charge-sheet prepared..........
