Code of Criminal Procedure, 1973 – Ss. 170 & 173 – Guiding principle for a Magistrate while exercising powers u/s. 170 Cr.P.C. AIR 2021 SC 4154
Code of Criminal Procedure, 1973 – Ss. 451, 452 & 457 – Prevention of Cow Slaughter Act, 1955 (Uttar Pradesh) – S. 5A – Regulation on transport of cow – Prevention of Cow Slaughter Act, a special act and local law – Powers u/s 451, 452 & 457 of CrPC not invocable in respect of proceedings under the Act.
Code of Criminal Procedure, 1973 – Section 482 – Issuing oral directions (presumably to the APP) restraining arrest, does not form a part of the judicial record and must be eschewed. AIR 2021 SC 4109 : 2021 (10) SCALE 20
Code of Criminal Procedure, 1973 – Section 319 – Power to proceed against other persons appearing to be guilty of offence – Scope and ambit of the powers of the Court under Section 319 CrPC – Summarized. 2021 (9) SCALE 667
Code of Criminal Procedure, 1973 – Section 170 of the Cr.P.C. does not impose an obligation on the Officer-in-charge to arrest each and every accused at the time of filing of the chargesheet. 2021 (9) SCALE 598
Code of Criminal Procedure, 1973 – Ss. 468 & 469 – the complaint filed is barred by limitation and allowing the proceedings to go on, on such complaint, which is ex facie barred by limitation is nothing but amounts to abuse of process of law. AIR 2021 SC 3701 : 2021 (9) SCALE 83 : 2021 (9) SCALE 88
Code of Criminal Procedure, 1973 – Section 357 – Order to Pay Compensation – Condition for payment of compensation for grant of bail – the… Read More »Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia v. State of Gujarat
Code of Criminal Procedure, 1973 – Section 154 – Permissibility of the enquiry at pre-FIR stage – Need for a preliminary enquiry before proceeding against public servants – If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary enquiry may be conducted to ascertain whether cognizable offence is disclosed or not. An enquiry at pre-FIR stage is not only permissible but desirable, more particularly in cases where the allegations are of misconduct of corrupt practice acquiring the assets/properties disproportionate to his known sources of income. AIR 2021 SC 1620 : 2021 CriLJ 2349 : JT 2021 (3) SC 452 : 2021 (4) SCALE 622 : (2021) 5 SCC 469
Code of Criminal Procedure, 1973 – Whether “a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under Section 154 of the Code or the police officer has the power to conduct a “preliminary inquiry” in order to test the veracity of such information before registering the same ?”Read More »Whether a police officer is bound to register FIR ?
Code of Criminal Procedure Code and 1973 | Pashaura Singh v. State of Punjab & Anr., Crl.A. No. 2122 of 2009 SC
Code of Criminal Procedure Code and 1973 | IN THE SUPREME COURT OF INDIA Justice Tarun Chatterjee and Justice R.M.Lodha 2009-11-13T00:00:00 Crl.A. No. 2122 of… Read More »Code of Criminal Procedure Code and 1973 | Pashaura Singh v. State of Punjab & Anr., Crl.A. No. 2122 of 2009 SC