Thursday, April 16, 2009

Key Case Laws - Criminal Procedure Code - Part I (Sections

Section 100 - Person in charge of closed place to allow search :

Sadhu Singh V. State of Punjab 1997 2 Crimes 55 (PH)
Public witnesses may not be joined, but attempt must be made to join the public witnesses;
There can be cases when public witnesses are reluctant to join or are not available all the same, the prosecution must show genuine attempt having beed made to join public witnesses
A stereo-type statement of non-availability of any public witness will not be sufficient particularly when at the relevant time, it was not difficult to procure the services of public witness

Section 102 - Power of police officer to seize certain property

State of Maharastra V. Tapas D Neogy 1999 (7) SCC 685; 1999 (5) Scale 613; 1999 (8) supreme 149

The bank account of the accused or any of his relation to 'property' within the meaning of section 102 of Criminal Procedure Code and police officer in course of investigation can seize the operation of said account if such assests have direct link with the commission of offence for which the police officer is investigating into.

Section 113 - Summons or warrant in case of person not so present.
Dibakar Naik V Puspalata Patel 1997 3 Crimes 107 (Ori)

It is as clear as day that before taking steps for arrest the Magistrate must have reasons to fear commission of breach of the peace and it must appear to him that such breach of peace cannot be prevented otherwise than by immediate arrest of the alleged person. It is incumbent upon the Magistrate to record an order in writing showing satisfaction for the steps taken under the proviso to section 113 of the Criminal Procedure Code.

Section 127 -
Hem Raj V. Urmila Devi 1997 2 Crimes 561 (HP)
Under section 127(1) of the Code the Magistrate is bound to give effect to an order of a competent civil court and vary or cancel the order for maintenance made under section 125 of the Code.

Section 156
S D Soni V. State of Gujarat (1991) CrLJ 330 (SC)
The Magistrate has no power to take cognizance of an offence on basis of private complaint that resulted in submission of the report under section 173 consequent upon reference under section 156(3) when once he has accepted negative police report and closed the proceedings.


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