Indian Penal Code, 1860, Section 302, 34, 457, 34, Arms Act, 1959, Section 27 -- All three accused, constables on night duty, on date of incident were deputed on patrol duty at a 'naka' - One of the accused was armed with self loading rifle and two others were armed with .303 rifles issued to them with ammunition - Co-accused had dispute with in-laws and his wife was..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Further investigation - Quashing of Investigation & CBI investigation - FIR registered by Punjab Vigilance Bureau into the entire scandal of recruitment of 909 Panchayat Secretaries and investigation conducted by it and a report u/S.173(2) Cr.P.C. also submitted to the competent Court - Prayer for quashing of..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Further investigation - Quashing of Investigation & CBI investigation - FIR registered by Punjab Vigilance Bureau into the entire scandal of recruitment of 909 Panchayat Secretaries and investigation conducted by it and a report u/S.173(2) Cr.P.C. also submitted to the competent Court - Prayer for quashing of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of - Sample seal - Sample of seal not sent to laboratory for purpose of comparison with the seal appearing on the sample - CFSL form not prepared at the spot nor deposited at police station - CFSL form prepared after gap of four days - Conviction set aside...........
Indian Penal Code, 1860, Section 302, 307 -- Tempo hitting motor cycle from behind and causing death of pillion rider who was wife of accused - Motor cyclist injured - Accused coming to spot of occurrence within ten minutes with different vehicle - This fact appears doubtful - Evidence of motor cyclist that deceased told him before death that accused was following them -..........
Indian Penal Code, 1860, Section 330, 348 -- Conviction u/ss 330/348 - Accused acquitted by trial Court but convicted by High Court - Deceased expired by hanging in police station - Deceased arrested on 19.10.1988 at 9.30 a.m. and he died on 20.10.1988 at 5.30 p.m. meaning thereby that he was not produced before Magistrate within 24 hours of his arrest - Victim was..........
Prevention of Corruption Act, 1988, Section 5(3), 5(4), Criminal Procedure Code, 1973, Section 156 -- Special Judge under the Prevention of Corruption Act is not a Magistrate within the meaning of sub-section (3) of S.156 Cr.P.C. - Special Judge is incompetent to refer complaint to police to investigate...........
Criminal Procedure Code, 1973, Section 156, 154 -- Complaint - Magistrate can refer a complaint to Police for registration as an FIR only when complaint discloses prima facie case of commission of cognizable offence - Equally, Police has no power to register a complaint as an FIR unless the complaint discloses a prima facie case of commission of a cognizance offence...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 5 -- Special Judge appointed under the provisions of Prevention of Corruption Act is not a Magistrate within the meaning of S.156(3) of Cr.P.C. - Special Judge is not competent to refer complaint to police for investigation...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint - Referring to police for investigation - Magistrate can refer a complaint to Police for registration as an FIR only when complaint discloses prima facie case of commission of cognizable offence - Police has no power to register a complaint as an FIR unless complaint discloses a prima facie case of commission of a..........
