Civil Procedure Code, 1908, Section 151 -- Police protection - Decree of permanent injunction - Violation - Plea by J.D. that some steps have been taken to record himself as a cultivating tenant - However, so far no order has been passed by revenue authorities - No ground to interfere with the order of Executing Court in directing police protection...........
Criminal Procedure Code, 1973, Section 155(4) -- Non-cognizable offence and cognizable offence - If facts reported to police disclose both cognizable and non-cognizable offences, police would be acting within scope of its authority in investigating both offences, as legal fiction enacted u/s 155(4) Cr.P.C. provides that even a non-cognizable case shall in that situation be..........
Criminal Procedure Code, 1973, Section 155(4) -- Non-cognizable offence and cognizable offence - Where Magistrate forwarded a complaint involving offences cognizable and non-cognizable in nature to police and police files a report finding that non-cognizable offence was committed, Magistrate is legally empowered to proceed with the trial...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Deceased died from a .12 bore gunshot, which could not be ascribed to rifles issued to accused - There is no recovery of .12 bore gun from any of accused - After the incident police arrived at the place and took the injured to hospital - According to prosecution accused were..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy straw - Non-compliance of provision of S.52-A of the Act - Prosecution permitted to keep the seized materials within the police station, to be produced at a later point of time by trial Court - This itself is a sufficient indication that the mandate of S.52-A of the Act has not been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 15(c) -- Recovery of poppy straw - Search and seizure - PW5 who was a police officer himself had deposed on the existence of very same seized materials even before the occurrence - This testimony which destroys the very basis of prosecution case has not even been challenged - There is thus, serious doubt..........
Criminal Procedure Code, 1973, Section 162 -- Statement u/s 162 Cr.P.C. made by a person to a police officer in the course of any investigation under Chapter XII Cr.P.C, which is reduced to writing, is not required to be signed by person making such statement...........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Service -- Expunction of adverse remarks in ACR - Review - For a person in uniformed service like police, adverse entry relating to his/her integrity and conduct is to be adjudged by Superior authority who record and approve such entry...........
