FIRST LAW

The Code of Criminal Procedure, 1973 - Section 239 - When accused shall be discharged - the placement of the relevant papers i.e. cash memo etc. apart from the fact that same happens to be the subject of verification, is not at all unimpeachable document and that being so, at the stage of 239 Cr.P.C., same could not be taken into consideration.

Medical Jurisprudence and Toxicology - Penal Code, 1860 - Ss. 302 / 34 - Arms Act, 1959 - S. 27 - If a firearm is discharged very close to the body or in actual contact, subcutaneous tissues over an area of two or three inches around the wound of entrance are lacerated and the surrounding skin is usually scorched and blackened by smoke and tattooed with unburnt grains of gunpowder or smokeless propellant powder. The adjacent hairs are singed, and the clothes covering the part are burnt by the flame. If the powder is smokeless, there may be a greyish or white deposit on the skin around the wound. Blackening is found, if a firearm like a shotgun is discharged from a distance of not more than three feet and a revolver or pistol discharged within about two feet. [Para 18] Rakesh Kumar & Prakash Chandra Jaiswal, JJ . Murari Yadav v. State of Bihar   Crl.A. No. 578 of 2013 24-01-2019

Penal Code, 1860 – S. 304B & 498A -  Evidence Act, 1872 – S. 113B - D emand of cash as well as one colour TV - the presumption cannot apply unless it is established that soon before her death, a woman has been subjected to cruelty or harassment for or in connection with any demand for dowry.

Contractors Registration Rules, 2007 (Bihar) - Order suspending registration of a firm has got civil consequence as it is likely to affect not only the business concern but all those who are attached therewith. Such decision are, therefore, required to be taken with much care and circumspection.

Code of Criminal Procedure, 1973 - Sections 125 & 482 - Family Courts Act, 1984 - Sections 7, 8, 10, 19 & 20 - Jurisdiction - Appeal -  the area covered by the Family Courts Act, is the area properly demarcated and only to that extent, there would not be applicability of the Code.

Criminal Procedure Code, 1973 - S. 173 - I rrespective of finding recorded by the Investigating Officer submitted before the court in accordance with Section 173 of the CrPC, the cognizance taking magistrate not at all is under compulsion to accept the same rather, the magistrate has got an option available (a) to accept the same, (b) to differ therefrom, (c) to direct further investigation.

Evidence Act, 1872 - S. 30 - Penal Code, 1860 - S. 414 - Assisting in concealment of stolen property - Extra judicial confessional statement leading to recovery - How far evidence of police witnesses is reliable, credible - Discussed.

Protection of Women from Domestic Violence Act, 2005 - Sections 19 and 20 - A hapless wife who is subjected to domestic violence is entitled to residence orders under Section 19 and monetary reliefs under Section 20 of the Act.

Code of Criminal Procedure, 1973 - Section 313 - Recording of statement is not merely formality, but entire circumstances and evidences, collected during the trial, are required to be explained to the accused. Md. Nizam v. State of Bihar, 05-09-2018  Code of Criminal Procedure, 1973 – Sections 190 and 204 - the Magistrate at the stage of cognizance could differ from the opinion of the police and proceed against even those accused, who may not have been charge-sheeted in the case. Kamroon Khatoon v. State of Bihar, 12-09-2018  Drugs and Cosmetics Act, 1940 - Section 18 (c) 27 (b) (ii) - Drugs and Cosmetics (Amendment) Act, 2008 - the prosecution can be instituted by a Drug Inspector or by any person aggrieved by filing a complaint. Police is not empowered to register any first information report and investigate the case so as to submit the chargesheet under Section 173 of the Criminal Procedure Code. Therefore, investigation of the police and consequential taking cognizance of...

1. Kamroon Khatoon v. State of Bihar, 12-09-2018 Code of Criminal Procedure, 1973 - Ss. 190 & 204 - the Magistrate at the stage of cognizance could differ from the opinion of the police and proceed against even those accused, who may not have been charge-sheeted in the case.

IN THE HIGH COURT OF JUDICATURE AT PATNA CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL Civil Writ Jurisdiction Case No.11858 of 2016 08-08-2018 Bhagwati Coke Industries Pvt. Ltd. v.  State of Bihar

Evidence Law - Reasonable Doubt - An ingenious mind can question anything and, on the other hand, there is nothing which it cannot convince. When you consider the facts, you have a reasonable doubt as to whether the matter is proved or whether it is not a reasonable doubt in this sense. The reasonableness of a doubt must be a practical one and not on an abstract theoretical hypothesis. Reasonableness is a virtue that forms as a mean between the excessive caution and excessive indifference to a doubt.

Penal Code, 1860 -  Ss. 341, 323, 342, 363 & 504 r/w. 34 -  Criminal Procedure Code, 1973 -  S. 438 - G rant of pre-arrest bail -  there must be an accusation against the person concerned of having committed non-bailable offences for which he has reason to believe of getting arrested - Only on such condition precedent, he may approach either the High Court or the Court of Session for a direction that he may be released on bail in the event of such arrest.

Public Service Commission -  Re-evaluation of answer scripts -  in absence of any rule permitting re-evaluation of answer scripts as also in absence of any cogent material having been brought on record by the writ petitioners to show illegalities in evaluation of the answer scripts, the prayer made by the writ petitioners are devoid of any merit.

The delay in filing of the complaint cannot be a ground for discharge because this is an issue of trustworthiness of the prosecution version which can be looked into only at the stage of trial.