Showing : 161-170 of 234 Results

ORISSA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 239-- Discharge of accused - After perusal of statements recorded u/s 161, Cr.P.C. and FIR, there seems to be sufficient grounds to frame charge against petitioner - Held, if there is presumption of involvement of accused with alleged crime, charge can be framed and accused can be tried - Application..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 154, 161-- Criminal trial - A fact deposed to by the witness not finding mention in the FIR and in the statement u/s 161 Cr.P.C. - Held it is an improvement and cannot be considered...........
ORISSA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance - At the stage of taking cognizance Magistrate must apply his judicial mind to the FIR and the investigating report as well as the 161 statement to find out as to whether any case is made out against the accused and if so, under which provision of the Indian Penal Code - Non application..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173(2)-- Filing of charge-sheet - Non-filing of documents required to be filed u/s 173(5) - Effect thereof - Held, once a charge sheet is filed for a cognizable offence by investigating officer contains all particulars mentioned in S.173(2) is a valid police report irrespective of fact that it does not..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 Cr.P.C. - Delay in sending to court - Effect thereof - Held, statements recorded u/s 161, Cr.P.C. do not constitute substantive evidence - They can be made use of only for purpose of eliciting contradictions so as to discredit testimony of witnesses by saying that their evidence..........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 432, 433A, 374, Article 72, 161, Rule 2(i)- - Suspension of sentence - Rules of 2007 - Legality of - Held, Rules of 2007 are illegal and as such, liable to be quashed in its entirety...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 161-- Statements recorded u/s 161 CrPC - Non-furnishing thereof - Effect of - Held, it is open to a court to presume that statements withheld would become unfavourable to prosecution if produced and non furnishing of statements recorded u/s 161 Cr.P.C., has occasioned great prejudice to accused...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - While granting bail irrelevant and inadmissible evidence considered - Statement of victim u/s 161 Cr.P.C. in case u/s 307 IPC not considered - Defence of accused was that victim attempted to commit suicide and sustained those injuries by fire arm - Theory of prosecution..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 161-- Statement of material witnesses not recorded u/s 161 Cr.P.C. - No explanation as to why the same not recorded - Accused deprived of his right of confronting the witnesses with their previous statement, so as to shatter their veracity - Case of prosecution becomes highly doubtful...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 161-- Non recording of statement of a material witness u/s 161 Cr.P.C. is a serious irregularity which causes a serious prejudice to the accused as accused is deprived of confronting the witness with his previous statement so as to shatter the veracity of his testimony made in Court...........

Showing : 161-170 of 234 Results