Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36A -- Default bail - Offence u/s 21 of NDPS Act - Commercial quantity of contraband - Challan not filed within 180 days - Application for extension of time filed before expiry of 180 days but not decided within 180 days - Accused filed application u/s 167(2)..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet not filed even after expiry of 180 days - Application seeking extension of time for filing final report filed one day earlier to expiry of 180 days but extension granted by order passed after one day of expiry of 180 - Extension..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of Act of 2005 - Limitation - S.468 Cr.P.C. has no application to S.12 of Act of 2005 as it is not a complaint and does not provide punishment...........
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204 -- Complaint - Issue of process - Application of mind - In the instant case summoning order passed by stating "Perused the complaint and the statements recorded...." - Held, there is no indication on the application of mind by Magistrate in taking cognizance and issuing process - Contention that application of mind..........
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204 -- Complaint - Issue of process - Magistrate while issuing process against accused has to apply his mind to the facts and statements and satisfy that there is ground for proceeding further against accused - Though no formal or speaking or reasoned order is required at the stage of Ss.190 & 204 Cr.P.C. but there..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint - Speaking order is required to be passed u/s 203 Cr.P.C. when complaint is dismissed and that too reasons need to be stated only briefly...........
Criminal Procedure Code, 1973, Section 190(1)(a) -- Cognizance of offence - If complaint, on the face of it, does not disclose commission of any offence, Magistrate shall not take cognizance u/s 190(1)(a) Cr.P.C. - Complaint is simply to be rejected...........
Criminal Procedure Code, 1973, Section 258 -- Power to stop proceedings - Provision of S.258 Cr.P.C. applies only to those cases which are instituted on police reports but not to cases instituted upon private complaints - Allegations as to falsehood of complainant with regard to timing of offence and other material facts can be considered at the time of trial - Same cannot..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - No particular format for application u/s 156(3) Cr.P.C. is prescribed in law - Such application should contain facts disclosing cognizable offence and further that police has failed to exercise powers u/s 154 Cr.P.C. despite intimation, whereupon Magistrate in exercise of powers conferred u/s..........
Criminal Procedure Code, 1973, Section 197(3) -- Public servant - Sanction for prosecution - Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Crime registered against petitioners does not include sections referred to in S.197(1) Explanation Cr.P.C. - Acts performed by petitioners in discharge of their official duty and are reasonably connected with their official..........
