Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954 - Section 16(1)(a)(i) - Conviction - Revision against - Keeping in view of the fact that the petitioner is suffering agony of protracted trial since 1982 and that he was less than 18 years on the date of commission of offence ordered to be released on probation under Section 4(1) of the..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Offence under section 15 of NDPS Act - Petitioner arrested on 04.07.1996 - Produced on 05.07.1996 and on that day was remanded to police custody - Challan presented on 03.10.1996 - The period of 90 days will end on 03.10.1996 on which date challan was presented - As per decision in the case of State of M.P. vs. Rustam..........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 304A - Revision against conviction - Evidence - FIR - Statement recorded by police - Trial Court and Appellate Court convicting the accused relying only upon the statement recorded by the police including the first information report holding that he was driving the truck rashly and negligently. Held..........
Criminal Procedure Code, 1973, Section 401 -- Penal Code 1860, Section 500 - Indian Evidence Act 1872 - Section 41 - Hindu Marriage Act, 1955, Section 9 - Judgment in rem - Plea of the petitioner that findings recorded by Civil Court in matrimonial case do not bind the Criminal Court - Held judgment by the District Judge in the exercise of jurisdiction conferred upon him..........
Indian Penal Code, 1860, Section 302, 302, 34 -- Murder - Appeal against & Conviction - Common intention - It is not necessary that to bring the accused's action within the ambit of Section 34 of IPC, he must participate effectively in the crime. The purpose of Section 34 is to take in its ambit all the accused where the crime is committed by several persons in furtherance..........
Criminal Procedure Code, 1973, Section 73, 167, 309 -- Arrest during investigation - Produced before Magistrate - On such production, the Court may either release him on bail or authorise his detention in custody either police or judicial - Held, it is not correct to state that warrant of arrest could be issued by Court solely for production of accused before police -..........
Criminal Procedure Code, 1973, Section 482 -- Proceedings under sections 145 and 146 CrPC - Petition for quashing - That once the rights of the parties are in a fluid state and there is no specific findings regarding the possession in one way or the other and the parties are in a mood to commit breach of peace in such a situation the provisions of section 145 CrPC can..........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 302/34 - Appeal against conviction - By one out of three convicted accused - Held that the case of all the three convicted accused is so deeply integrated that ho distinction can be drawn between the case of the appellant and no, appellants - The benefit of the acquittal has to be given to the no,..........
Criminal Procedure Code, 1973, Section 145 -- Forcible dispossession - No order for restoration of possession could be passed in favour of petitioner under Section 145, CrPC. Cases referred: Union Carbide Corporation vs. Union of India JT 1991(6) SC 8..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Discharge of the accused under section 7 read with Section 13 of the Prevention of Corruption Act, 1988 holding that no proper sanction to take cognizance has been granted - Sanction to prosecute - No special form is prescribed for the grant of the sanction. If the competent authority has granted the sanction, then..........
