Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 307, 341, 148, 149 -- Summoning of additional accused - Murder - Name of proposed accused were specifically mentioned in FIR with specific role attributed to them - High Court failed to appreciate fact that for attracting offence u/s 148 IPC only forming part of unlawful assembly is..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Bail - Recovery of cocaine, ganja, charas and supporting materials - Quantity of ganja and charas seized is small quantity whereas, quantity of cocaine seized is intermediate quantity - Rigors of S.37 of NDPS Act thus, not attracted - Traces of cocaine is..........
Criminal Procedure Code, 1973, Section 164A(2), (3) -- Medical examination - Rape victim - Column in FIR - Provisional/primary opinion is to be given by doctor as per clinical examination of victim without waiting for investigation reports - Directions therefore issued to Principal Secretary (Medical Health) and Director General (Medical Health) to issue circular to all..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court not to enter into appreciation of evidence and consider whether on basis of evidence, accused is likely to be convicted or not...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 420, 109 -- Quashing of proceedings - Murder - Allegation that A-2 introduced main accused to deceased and complainant for arranging a job and for the same Rs.6 lakhs were given - A-2 was in touch with deceased and complainant - Rs.1 lakh and 20,000 recovered from house of A-2 during..........
Indian Penal Code, 1860, Section 177, 171, 419, 417, 411, 413, Criminal Procedure Code, 1973, Section 313 -- Accused in his statement u/s 313 Cr.P.C. confessed his guilt and on the basis of confession accused was held guilty for all the charges framed against him - Accused did not deny a specific question put as to whether he is a habitual offender - Offences committed by..........
Criminal Procedure Code, 1973, Section 313 -- Accused in his statement u/s 313 Cr.P.C. confessed his guilt and on the basis of confession accused was held guilty for all the charges framed against him - Confession made by accused shall be taken as a whole - It cannot be taken in parts, particularly when it was made regarding same occurrence and accused made confession with..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation u/s 82 Cr.P.C - Issuance of non-bailable warrant is necessary before issuance of proclamation u/s 82 Cr.P.C...........
Criminal Procedure Code, 1973, Section 82 -- Issuance of Non-bailable warrant (NBW) and proclamation u/s 82 Cr.P.C - Application u/s 82 Cr.P.C moved by I.O - Application should be supported by an affidavit of I.O stating reasons why NBW and proclamation u/s 82 Cr.P.C is required, as issue relates to personal liberty of a person guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, 342 -- Quashing of FIR - Kidnapping and rape - Compromise arrived at between parties - Parties have resolved their disputes and differences - Held, after considering nature of offences allegedly committed and fact that both the parties have amicably settled their dispute,..........
