Criminal Procedure Code, 1973, Section 154, 156(3) -- Non-registration of FIR by police - Remedy as to - Petitioner ought to have first approached trial Court u/s 156(3) Cr.P.C for redressal of his grievance regarding non-registration of FIR by police or any other competent officer as per S.36 Cr.P.C - However, even if thereafter, grievance is unmitigated, one can take..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Test identification parade - Pahchan patra of TIP mentions three lungis were presented, but related witness was shown only one lungi for identification - Inconsistencies are also found in statement of PW3 as regards spot inspection report prepared by police and recovery of lungi - Similar lungi is worn by many..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 53 -- Contraband - Officer of NCB - Officers invested with powers to investigate offences under NDPS Act are `Police Officers' for the purpose of S.25 of Evidence Act - Attracting protection given u/s.25 of Evidence Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 53, 67 -- Recovery of contraband - Confessional statement - Admissibility - Since Officers investigating offences u/s.53 NDPS Act are `Police officers' - Therefore, confessional statements made before these officials will be inadmissible in evidence...........
Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Proceeding to quash FIR pending before High Court - Court vide impugned order directed petitioner to appear before I.O if a fresh notice is issued u/s 41-A Cr.P.C - Since lock down restrictions have been imposed in the State, petitioner not required at this stage to comply with summons u/s 41-A Cr.P.C..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Gang rape - Investigation of case entrusted by State government itself to CBI - CBI has started investigation in respect of crime - Apprehensions expressed by petitioners that there would be no proper investigation by UP Police conducted, not open for consideration at this stage and grievance..........
Indian Penal Code, 1860, Section 376 -- Gang rape - Police protection to victim's family and witnesses - Held, without casting any aspersions on security personnel of State Police, in order to allay all apprehensions and only as a confidence building measure, It is directed that security to victim's family and witnesses shall be provided by CRPF within a week...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Registration of FIR is mandatory, if information discloses commission of cognizable offence - It is not matter of discretion - Police has no option to register or not to register FIR...........
Criminal Procedure Code, 1973, Section 154 -- Non-registration of FIR - Challenge as to - Complainant approaching police on suspicion that brother has killed his mother - Police officials after 4 month preliminary inquiry revealed no cause to suspect unnatural death, refused to register FIR - Since, preliminary inquiries in cases of murder, impermissible - Non-registration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Independent witness declared hostile - In cross examination he admits to having duly perused the contents of the documents before having signed them and not under any police pressure - He independently stated that vehicle of accused was stopped, his consent was taken, a..........
