Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Police submitted detailed Negative final report - Where detailed negative final report is submitted, it becomes imperative upon Magistrate before taking cognizance of offence and issuance of process, to show his disagreement with conclusion of I.O. and it should be mentioned in clear terms in the..........
Indian Penal Code, 1860, Section 120B, 124A, 153A, 153B, 505(1)(b), 505(1)(C), 505(2), Unlawful Activities (Prevention) Act, 1967, Section 13(1)(b) -- Framing of charge - Discharge of accused - As regards Section 227 of Cr.P.C, which is captioned `Discharge', a trial Court while entering upon a legal drill of examining a discharge plea should go by the record of the case..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Widowed daughter-in-law not liable to pay maintenance to her father-in-law and mother-in-law - Maintenance can be claimed only by the persons falling in the category mentioned in the section and father-in-law and mother-in-law are not mentioned in the section...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Father-in-law and mother-in-law are not entitled to receive maintenance from widowed daughter-in-law on the following grounds : (i) they are not coming under relation mentioned in S.125 Cr.P.C; (ii) appointment of widowed daughter-in-law in service was not on a compassionate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(C), 27(A), 29, 31(1), Criminal Procedure Code, 1973, Section 439 -- Recovery of 39.845 kgs Ganja - Bail - Accused has been in custody from 2021 and now more than two years have elapsed and trial has not yet started - He has no criminal antecedents - There is no possibility to complete trial..........
Criminal Procedure Code, 1973, Section 482, 197 -- Sanction for prosecution - Quashing of proceedings - Assertion in complaint that police officials without any authority entered the house and committed the alleged offences - At the stage of taking cognizance it cannot be concluded that acts allegedly done were committed while acting or purporting to act in the discharge..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Prayer to call for a copy of newspaper from the publisher - Every original piece of daily newspaper is believed to be in possession of different subscribers including the accused who asserts that particular information was published in the particular newspaper..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has no power to order further investigation suo motu after taking cognizance on charge sheet - He could order for further investigation in exceptional circumstances and that too on the prayer of I.O...........
Criminal Procedure Code, 1973, Section 53, 54 -- Scientific tests - Polygraph, Narco-analysis and brain mapping - Accused himself is insisting for tests to be conducted upon himself in exercise of his right to defend - Conducting these tests in such a situation would not be an infringement of right against self incrimination - Application allowed...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 39, 40 -- Bail - Offence u/ss 39, 40 of UAPA - Prima facie there is no satisfaction that acts which are committed by accused have been committed with intention to further the activity of a terrorist organization - It is not the case of accused that they did not make the payment..........
