Topic Details
Topics Headnote Judgement
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 340 ? requirement under ? is only recording the finding of the preliminary inquiry ? which is meant only to form an opinion of the court? and that too, opinion on an offence ?which appears to have been committed?? as to whether the same should be duly inquired into. (Para 12) PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 340 ?Proceedings initiated under ? IPC ? S 193 ? false evidence ? Ballistic expert ? report of ? Examination of cartridges ? whether they have been fired from the same firearm ? Opinion of expert ? that a definite opinion in the case could be given only if the suspected firearm is available for examination ? proceeded against ? Evidence before the trial Court that the cartridges appeared to have been fired from different firearms, on the court?s insistence to give the opinion without examining the firearm ?Held, the opinion was not even his voluntary, let alone deliberate deposition ? unjust to attribute any motive ? Non-specific and indefinite opinion ?Held, it was the trial court which insisted for an opinion without the presence of the firearm ? the appellant has all through been consistent in his statement ? no somersault or shift in the stand taken by the appellant in the oral examination before court ? proceedings quashed. (Para 15&23) PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 313 ? Statement of accused ? incriminating circumstance ? not at all put to the appellant in his examination under Section 313 ? Held, This was particularly important in this case, in as much as, an attempt was made to prove the existence of such knowledge on the part of the appellant, by saying that the appellant had even previously, attempted to pass off a counterfeit currency note ? Fatal to prosecution. (Para 15) PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 154 ? FIR ? recording of ?Contradiction between prosecution case & the statement of the witness ? fatal to prosecution ? Evidence Act ? S 3 ? Relevant fact ?relevant fact. (Para 6) PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 41 ? Arrest without warrant by police ? No arrest can be made in a routine manner or on a mere allegation of commission of an offence made against a person ?Joginder Kumar v. State of U.P. & Ors. ?relied upon. (Para 28) PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 41 ? Arrest without warrant by police ? Held, the power of arrest as well as the power to remand cannot be exercised in a casual manner. (Para 28) PDF
CODE OF CRIMINAL PROCEDURE, 1973 PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 340 ? proceedings under ? Invoking of ? proceedings can be successfully invoked even without a preliminary inquiry ? since the whole purpose of the inquiry is only to decide ? whether it is expedient in the interest of justice to inquire into the offence which appears to have been committed. (Para 12) PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 340 ? Inquiry by Court regarding the offence committed during course of trial ?Expert evidence needs to be given a closer scrutiny and requires a different approach while initiating proceedings under Section 340 of CrPC? Evidence Act ? S 45 ?Expert opinion. (Para 20) PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 340 ? Inquiry by Court regarding the offence committed during course of trial ?Proceedings under ? Scope of ? merely because an expert has tendered an opinion while also furnishing the basis of the opinion and that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody? And, mere rejection of the expert evidence by itself may not also warrant initiation of proceedings under Section 340 of CrPC? Evidence Act ? S 45 ?Expert opinion. (Para 22) PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 438 ? Anticipatory Bail ? Dismissal on the ground that no offence was registered against petitioner ? Held, the registration of offence is not a sine qua non for entertaining an application for anticipatory bail? The only requirement is a reasonable apprehension of arrest in a non-bailable offence. (Para 24) PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 439 ? Regular bail ? IPC ? Ss 363, 366 & 376 ?POCSO ? Ss 4, 8 & 12 ? Offences under ? Consent ? Statement of prosecutrix? the applicant has refused to elope with her since she was below 18 years? She had forced the applicant to run away as her parents were going to engage her with another boy? Stayed & entered into physical relation with the applicant with her consent ? Held, a fit case to exercise the discretion and enlarge the applicant on regular bail. (Para 5) PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC ? S 439(2) ? Cancellation of regular bail ? Application for ? NDPS ? Ss 8C, 20-B & 22 ? FIR Under ? Recovery of contraband Ganja ? Weighing 9 Kg. & 251 ? Far less than the commercial quantity no antecedents against the accused ? Application of cancellation dismissed ? Held, Trial Court ought not to have released the respondent-accused without any suitable conditions ? Conditions imposed. (Para 8)? PDF