Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 325, 341, 380, 427, 506, 148 -- Anticipatory bail - Attempt to murder - Offence punishable u/s 307 IPC added on basis of medical opinion - No new fact except medical opinion has come during investigation, which required any specific further investigation by police - Without commenting on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29 -- Recovery of 1025 kgs Ganja - Non-joining of independent witnesses - Recovery was made at night and due to pandemic prevalent at that time and seclusion, no public witness could be secured - Moreover, evidence of a public officer cannot be thrown on the ground that he is a police officer -..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Penetrative sexual assault - Father of victim explained that there was a delay in lodging FIR, because in village no one cannot expect to rush to police station soon after noticing the missing of a person - Delay in lodging FIR satisfactorily explained and such delay not fatal to prosecution case...........
Protection of life and liberty -- Inter-caste marriage - Girl is major and of marriageable age - Boy though major but not of marriageable age - Issue in hand is not of validity of marriage but petitioners are seeking protection of their life and liberty as envisaged u/art 21 of Constitution - Moreover, merely because boy is not of marriageable age, he cannot possibly be..........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 32 -- Police statement recorded u/s 161 Cr.P.C is admissible u/s 32 of Evidence Act...........
Criminal Procedure Code, 1973, Section 161 -- Police statement recorded u/s 161 Cr.P.C - Merely because police statement contains Crime No., it cannot be held that it is an ante-dated and ante-timed document for the simple reason, that time of recording of statement is also mentioned by I.O...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Merely because there is some confusion regarding time of recording police statement and dying declaration Ex.P5, it cannot be said that it goes to root of prosecution case - Neither police statement nor said dying declaration can be discarded on account of minor..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Allegation against accused is that he overpowered deceased who was suffering from impairment of both of his legs, pinned him to ground sat on him and throttled his neck - Offence alleged against accused is of a grave nature - Accused was arrested only following a protest..........
Police Act, 1861, Section 46(2), 2 -- Uttar Pradesh Sub-Inspectors and Inspectors (Civil Police) Service Rules, 2008, R.15(b) [as amended by amendment Rules of 2015) - Post of Sub-Inspector of Police - Application of Normalisation of marks - Petition seeking quashing of results - Contention of candidates who has secured more than 50% actual marks, that those candidates who..........
Indian Penal Code, 1860, Section 302, 149, 148, 342 -- Murder - Informant and his family members were not there either at the time of occurrence or till arrival of police - They do not appear to be witnesses of occurrence - PWs declined to disclose the identity of assailants to police at the spot - In such circumstances, chances of concoction after deliberation cannot be..........
