Accused was arrested with 45 Mobiles. Allegation is that he could not produce any papers and mobile may be stolen property .
Magistrate accepted judicial remand request, and taken him to judicial custody Under Sec 42/102 Cr.P.C & 411 IPC.
Question is that Definition of stolen Property as provided Under Sec 410 IPC does not include this situation.
Under 42 Cr.P.C. police have power to arrest person if any body refuses to disclose his name and address but remand papers itself disclosing his name & address and it is mentioned that relative of accused have been informed about his arrest.
Under Sec 102 Cr.P.C any propery which is suspected may be seized by police.
Please advice whether is there any offence if yes What ? Bailable or Non bailable.
Whether police could arrest him?
Whether magistrate should accept the remand.
What step would be appropriate in favour of accused.
Hello Experts!
I want to know the step by step procedure for obtaining sanction (u/s 197 of Cr.P.C.) to prosecute a public servant in a private complaint.
Please elaborate this procedure for me.
Anonymous
28 July 2010 at 16:35
if any lower court order set aside by the high court, what is the appeal time in criminal case and what is the time factor for going appeal in supreme court in criminal nature by the respondents or appelant.
Anonymous
28 July 2010 at 13:08
In the case NI ACT 1881 U/s.138 of dishonored cheque - The accused has accepted liabilities verbally & we have record it thru Vedio CAMERA
Can we produce it as an evidance during trail?
It is valid?
Pls.reply at the earliest.
rgds,
Anonymous
28 July 2010 at 08:11
Request the Experts to provide past Judgement Copies if any of any Courts which granted Highest monthly amount u/s 125 Cr.P.C?
Anonymous
28 July 2010 at 07:23
Can a driver of a transport corporation can be acquitted under PO Act as the offence of crime 304 A is only first time and no direct eye witness
venkataraman
28 July 2010 at 00:07
In a given case the Court has found an accused guilty for an offence under section 27 (3 ) of the Indian Arms Act, and the punishment prescribed for the same is only death: But can the Court on a consideration that the case is not a rarest of the rarest case award a lesser punishment?. I am not going into the niceties of the case and I amn only restricting my query to the above.
venkataraman
28 July 2010 at 00:06
In a given case the Court has found an accused guilty for an offence under section 27 (34 ) of the Indian Arms Act, and the punishment prescribed for the same is only death: But can the Court on a consideration that the case is not a rarest of the rarest case award a lesser punishment?. I am not going into the niceties of the case and I amn only restricting my query to the above.
Which is Revisional Court for Metropolitan Magistrate Orders
Que.1.Dear Please Let me Know, Which is Revision or Appellate Court for Metropolitan Magistrate Court Orders?