Contempt of Courts Act, 1971, Section 12 -- Illegal detaining of 3 persons in police station - Warrant Officer appointed - Warrant Officer reached police station and asked AMHC to produce Roznamcha and not to leave police station - AMHC did not produce Roznamcha and left police station - Contempt proceedings initiated against AMHC...........
Indian Penal Code, 1860, Section 436, 427, Criminal Procedure Code, 1973, Section 173 -- Legal Services Authority Act, 1987 - Lok Adalat - Power of - Lok Adalat is not a regular Court - Lok Adalat has no power to entertain report submitted by Police under Section 173 Cr. P.C...........
Indian Penal Code, 1860, Section 182, 482 -- Quashing of Kalandra - In the private complaint filed by the petitioner, the accused have been summoned, though they were found innocent by the police in the FIR - Police submitted impugned Kalandra under Section 182 IPC against the petitioner for initiating proceedings against him for giving false information - Held that at..........
Criminal Procedure Code, 1973, Section 197, 482 -- Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 32 - Penal Code, 1860, Sections 452, 500, 506, 148 r/w 149 - Summoning order - Quashing petition - Public servant - Sanction for prosecution - Loan - Default - Affixation of notice, demanding payment, on the house..........
Criminal Procedure Code, 1973, Section 190, 200, 300, 482 -- Double jeopardy - Cognizance of offence - A Judicial Magistrate, even after accepting the final report filed by the police in an FIR case, can still take cognizance of an offence upon a complaint on the same or similar allegations of fact...........
Prevention of Corruption Act, 1988, Section 7, 13, 15, Criminal Procedure Code, 1973, Section 197, 190 -- Corruption case - Sanction for prosecution - Prosecution of public servant in a corruption case - Sufficient evidence found against accused during investigation by police - Competent Authority declined to accord sanction for prosecution - Police submitted cancellation..........
Criminal Procedure Code, 1973, Section 190(1) -- 'Cognizance' - A Magistrate takes cognizance of an offence u/s 190(1) - (a) upon receiving a complaint or facts which constitute such an offence; (b) upon a police report of such facts; and (c) upon information received from any person other than the Police Officer or upon his own knowledge that such offence has been..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 307, 302 -- False encounter - Police killing a person in false encounter - Prosecution of police officers - Sanction for prosecution of Police Officers, not required - To eliminate a person in a false encounter is no part of official duty and by no stretch of imagination can take the colour of an..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 307, 302 -- Two FIR's - An alleged terrorist killed by police in an counter - FIR lodged under S.307 IPC - CBI investigated the matter and found that it was conspiracy to kill the person who was an alleged terrorist - Two FIRs in respect of same matter - First FIR lodged against deceased for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Recovery of 19 bags of Poppy Husk - Each bag weighing 35 kgs. - Appellants were sitting on gunny bags - On seeing police they ran away and managed to escape - Police already knew accused and were identified in Court - In such circumstances..........
