Criminal Procedure Code, 1973, Section 429 -- Bail - Offence under section 15 of the N.D.P.S. Act - Police Officer who nabbed the accused, seized the contraband from his possession and lodged the F.I.R., has himself conducted investigation - Plea of the petitioner that it is against basic tenets of Criminal jurisprudence and he is entitled to bail - Plea rejected as he is..........
Indian Penal Code, 1860, Section 302, 307, Army Act, 1950, Section 25, 27 -- Murder - Criminal Procedure Code, 1973, Section 299 - Recording of evidence in the absence of accused - The only requirement under Section 299, Cr.P.C. is that it should be proved that the accused person has absconded - There is no immediate prospect of arresting him - It is not necessary that..........
Criminal Procedure Code, 1973, Section 401, 446(1) -- Forfeiture of Bond - Held u/S.446(1) of the Code when a bond is alleged to have been forfeited, the Court is required to record evidence and arrive at a conclusion that it is proved to his satisfaction that parties have forfeited their bond and thereafter he is required to record the grounds of such proof and may call..........
Criminal Procedure Code, 1973, Section 482 -- Framing of charge - Petition for quashing - FIR u/Ss.420/511/182/34 IPC - Accused-Petitioner discharged for the offence u/Ss.420/182 IPC - Charge-sheet for the Commission of offence u/S.511 read with S.34 IPC ordered to be framed - Challenge made - That Sections 511 and 34 IPC are not the substantive Sections themselves and are..........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Articles 226/227 - Prisons Act, Section 46 - Punishment for Jail offence - Petitioner reduced from Convict Night Watchmen to ordinary prisoner - Process of enquiry conducted by Assistant Superintendent, Jail and Deputy Supdt., Jail - Superintendent, Jail passed formal orders - There is a clear..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - It is a settled principle of law that the extract of the statement under Section 313 Cr.P.C. by itself cannot form sole basis for conviction of an accused - The prosecution must prove its case and stand on its own legs. The statement of the accused is a relevant factor and the same can be looked into for..........
Criminal Procedure Code, 1973, Section 482 - - FIR charge u/S.7 read with Section 13 of the Prevention of Corruption Act - FIR - Delay in registration - Petition for quashing - Delay in lodging the FIR is a relative term, depending upon the facts of each case. In one case the delay in the lodging of FIR can be held to be fatal, because it will depend upon various factors..........
Criminal Procedure Code, 1973, Section 311 -- Under Section 311 Cr.P.C. the Court has ample power to summon and examine and reexamine any person whose evidence appears to be essential to the just decision of the case...........
Criminal Procedure Code, 1973, Section 228 - - Penal Code, 1860, Sections 306 r/w 116 - Framing of charge - Revision - Held that in the present case it is alleged that there is demand of dowry and the complainant was being harassed. She did not succeed in her attempt to put an end to her life. Section 306 IPC will not be attracted because when there is specific provision..........
Criminal Procedure Code, 1973, Section 228 -- Penal Code, 1860, Section 304B r/w Section 511 - Framing of charge - Revision - Held that it is not the prosecution case that the persistent demand of dowry was with a view that complainant would commit dowry death. The demand was being made to get more dowry. It is not the prosecution case that petitioners were driving her..........
