Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Contraband item was purchased by accused on the way - Tanker belongs to petitioner and standing in police station which is subject to natural decay and will lose its value in course of time - Tanker was used for purpose of transportation of LPG, which comes within..........
Criminal Procedure Code, 1973, Section 156(3) -- Non mention of sections in an application u/s 156(3) Cr.P.C. does not make any difference...........
Criminal Procedure Code, 1973, Section 156(3), Protection of Children from Sexual Offences Act, 2012, Section 33 -- Direction for investigation - Special Judge under POCSO Act may order investigation u/s 156(3) Cr.P.C, since special judge has jurisdiction to take cognizance u/s 33 of POCSO Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 511, 376, 306 -- Bail - Prima facie accused committed the offence u/ss 511, 376, 306 IPC - Manner in which accused committed offence is also cruel and heinous - Accused not entitled to bail - Bail application, rejected...........
Criminal Procedure Code, 1973, Section 57, 167(2)(a)(ii), Indian Penal Code, 1860, Section 376(2) -- Life imprisonment - Default bail - Rape case - Merely because a meaning is given to imprisonment for life in S.376(2) IPC, it cannot be said that for computing period of detention u/s 167(2) Cr.P.C, S.57 IPC is not applicable...........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii), 57, Indian Penal Code, 1860, Section 511, 376, 306 -- Default bail - Offence u/ss 511, 376, 306 IPC - Accused who is charged for offence u/s 511, 376 IPC, can be imprisonment only for a period of 10 years - Admittedly, 60 days is over after first remand of accused - Final report is not filed as on today - Accused held,..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Complaint u/s 156(3) Cr.P.C. - Direction to police to register FIR and investigate - Complaint not supported by an affidavit affirming allegations raised in complaint as being true and correct - FIR quashed...........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 498A, 304B -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Cruelty - Accused is confined in jail since 2016 and father of accused is diagnosed with pancolitis - Sentence of accused suspended during pendency of appeal...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
