Criminal Procedure Code, 1973, Section 203, 397, 401 -- Complaint - Dismissed u/s 203 after taking cognizance and pre-issuance of process - Revision against - Right of accused to be heard - Held, once a challenge is laid to such order at instance of complainant in a revision petition before High Court or Sessions Judge accused persons get right of hearing before Revisional..........
Criminal Procedure Code, 1973, Section 386 -- Disposal of appeal - Duty of appellate Court - Held, it is duty of an appellate Court to look into the evidence adduced in case and arrive at an independent conclusion as to whether said evidence can be relied upon or not and even if it can be relied upon then whether prosecution can be said to have proved beyond reasonable..........
Criminal Procedure Code, 1973, Section 167, 309, Article 226 -- Constitution of India, 1950, 1950, - Writ of Habeas Corpus - Not to be entertained when person is committed to judicial custody or police custody by competent court by an order which prima facie does not appear to be without jurisdiction or passed in absolutely mechanical manner or wholly illegal...........
Criminal Procedure Code, 1973, Section 167, 309 -- Remand order - Nature & Scope - There are two provisions in Code which provide for remand, i.e., Ss.167 & 309 - Act of directing remand of accused is fundamentally a judicial function and not the executive one - Purpose of remand is that investigation cannot be completed within 24 hours and enables Magistrate to see that..........
Criminal Procedure Code, 1973, Section 164 -- Recording of statement before Magistrate - Person not produced by Police but appeared independently before Magistrate - Propriety - Held, statement not worth acceptance because person should be produced before Magistrate, by police for recording of statement u/s 164 CrPC...........
Criminal Procedure Code, 1973, Section 207, 209, Indian Penal Code, 1860, Section 376 -- Rape case - Exclusively triable by Court of Session - Magistrate probed into the matter and discharged accused - Legality - Held, when offence is cognizable by Session Court, Magistrate cannot probe into matter and discharge accused - It is impermissible - Order of discharge is..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Appreciation of evidence at this stage - Not permissible...........
Criminal Procedure Code, 1973, Section 173(5), 173(6) -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Legality - Respondent/accused was functioning as Deputy Registrar when more than 102 sale deeds were executed and all those documents were prima facie found to be forged - Question whether respondent/accused was aware that sale deeds were executed for getting unlawful gain which may cause..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A, Criminal Procedure Code, 1973, Section 465 -- Registration of case under the Act without prior approval of DSP - Held, this defect goes to the root of matter and not curable u/s 465 Cr.P.C...........
