Insecticides Act, 1968, Section 33, 29, Criminal Procedure Code, 1973, Section 482 -- Company - Director - It is imperative to specifically aver in the complaint that the accused was in charge of and was responsible for the conduct of business of the company - In absence of clear averments specifically incorporated in the complaint, respondent cannot be compelled to face..........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet & Final Report - Not defined in Code - Charge sheet or final report whatever may be the nomenclature, it only means a report under S.173 of the Code which has to be filed by the police officer on completion of his investigation...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Investigation by Police u/s 156(3) Cr.P.C. - Chapter XII of the Code contains provisions relating to information to the police and their powers to investigate whereas Chapter XV, which contains S.202, deals with provisions relating to the steps which a Magistrate has to adopt while and after taking cognizance of any..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202, 190 -- Criminal complaint - Investigation by Police - Magistrate perusing the complaint and sending it to Police for investigation u/s 156(3) Cr.P.C. - Not illegal - If a bare reading of complaint discloses a cognizable offence, then Magistrate instead of applying his mind to the complaint for deciding whether or not..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Statement that does not prescribe to the procedure laid down in Section 164 of the Cr.P.C. is not admissible as a confessional statement - In the instant case statement not recorded by a Judicial Magistrate and procedural requirements not fulfilled including that of a certificate appended by Magistrate - Held, such..........
Evidence Act, 1872, Section 21, Criminal Procedure Code, 1973, Section 164 -- Extra judicial confession - Concept of extra judicial confession is primary a judicial creation, and must be used with restraint - Such a confession must be used only in limited circumstances, and should also be corroborated by way of abundant caution...........
Criminal Procedure Code, 1973, Section 190, 200, 203 -- Criminal complaint - Inaction by police - Criminal complaint can be filed - Magistrate to enquire into the complaint - If Magistrate after recording evidence finds a prima facie case, instead of issuing process to the accused, he is empowered to direct the police concerned to investigate into the offence and submit a..........
Delhi Special Police Establishment Act, 1946, Section 6, Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 200, 203 -- Inaction by police on information laid with police - High Court has power under Art.226 of Constitution to direct CBI to investigate offence without the consent of State - This power is exercised by High Court in order to..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 326, 498A -- Conviction u/s 326 IPC - Parties compromised - Accused cannot be acquitted as offence u/s 326 IPC is non compoundable...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Delay of four months in lodging FIR - During all this period village Panchayat had been making efforts for settlement but without result - Delay satisfactorily explained - Delay in lodging FIR in sexual offences has to be considered with a different yardstick...........
