Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 25, 54, 59 of Arms Act and S.34 IPC - Vehicle in question transferred in favour of petitioner by its previous owner - If vehicle in question is allowed to be parked in police station it may become unfit for road worthiness - Since trial of case is likely to take some..........
Criminal Procedure Code, 1973, Section 200 -- Examination of complainant - To take cognizance on complaint, the condition precedent is to examine complainant and his witnesses if any...........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 153A, 153B -- Sanction for prosecution - Offence u/ss 153-A, 153-B IPC - Prior sanction u/s 196 Cr.P.C of competent authority is sine quo non for taking cognizance of offences u/ss 153-A, 153-B IPC - Violation of S.196 Cr.P.C renders entire criminal proceedings without jurisdiction and without..........
Criminal Procedure Code, 1973, Section 167(2), 439(2) -- Default bail - Can be cancelled u/s 439(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167, 439(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 28, 29 -- Default bail - Cancellation - Contraband - Recovery of contraband one from vehicle while being transported and other in factory premises - Combined complaint filed for both offences before Special Court, Omerga (Maharashtra) wherein offences..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband - Accused was under an obligation to give a plausible explanation regarding cause of death in the statement recorded u/s 313 Cr.P.C. - Mere denial not an answer when murder was committed in the house and only family members were staying and fact that family..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - It is exclusive domain of I.O alone to move an application for getting statement recorded of any witness u/s 164 Cr.P.C - On moving such an application, Magistrate will have to get statement recorded...........
Criminal Procedure Code, 1973, Section 164, Protection of Children from Sexual Offences Act, 2012, Section 26 -- Statement of prosecutrix (minor) u/s 164 Cr.P.C - Not recorded as per procedure laid down u/s 26 of POCSO Act - Provisions of POCSO Act are mandatory in nature - Magistrate directed to proceed immediately for recording statement of prosecutrix as per procedure..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 380, 148, 149, 427 -- Bail - On parity basis - Murder - Accused not attributed injury or role - Trial is not likely to conclude soon - Accused seeks parity with other co-accused - State is not in a position to dispute parity with other co-accused who have been granted interim bail -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 379B, 427, 452, 506, 34, 326 -- Bail - Offence u/ss 323, 324, 326, 379-B, 427, 452, 506, 34 IPC - Merely because compromise has been effected between parties, cannot be termed as circumstance to extend concession of bail to accused, particularly because five other cases have been..........
