Showing : 1-10 of 13 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397-- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in nature than..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 395-- Reference to High Court - Power of Metropolitan Magistrate (MM) to grant bail in case of offence punishable Life imprisonment - MM has power to release on bail a person accused of commission if a no, bailable offence subject, however, to conditions in S.437(1)(i)(ii) Cr.P.C. - Reference disposed..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 395(2)-- Reference to High Court - Magistrate can refer the question of law to High Court if such question arose `in any case pending before the Court' - Further such question of law should arise in the hearing of such case...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 300-- Distinct offence - Second trial on the same facts - Permissibility - Once there is clear acquittal not even on benefit of doubt for the alleged offence u/s 395 IPC, accused cannot be made liable for second trial on the same facts though of different offence u/s 400 IPC, as bar u/s 300 Cr.P.C. is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 392, 395, Criminal Procedure Code, 1973, Section 439-- Robbery - Dacoity - Bail - Petitioner was earlier released on bail for offence u/s 392 IPC - Offence u/s 395 IPC was added later, in view of supplementary statement of complainant - Challan already presented in Court - Bail granted with conditions...........
DELHI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 395(1)-- Reference to High Court - Requirements for - Held, Court must itself be satisfied that a case involves question as to validity of an Act and that declaration of which is necessary for disposal of case - Further requirement that Court itself must be of opinion that Act is invalid but has not so..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 438, 439(2), 482, Indian Penal Code, 1860, Section 395, 397, 471-- Anticipatory bail - Dacoity case - Different versions in three different complaints made in respect of same incident and having regard to the fact that allegations with regard to offences u/ss 395, 397, 467, 468 & 471 were sought to be added at a later stage of investigation - Anticipatory bail..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 395, 411, Criminal Procedure Code, 1973, Section 240-- Dacoity - Charge framed u/s 395 IPC - Accused acquitted u/s 395 IPC but convicted u/s 411 IPC as stolen goods were recovered at their instance - Conviction u/s 411 IPC set aside as no charge was framed u/s 411 IPC - Accused could not be convicted without framing the charge - Moreover no..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Offences u/ss 395, 429, 504 IPC - Quashing of proceedings - Magistrate himself recorded statement of complainant u/s 200 of CrPC and that of witnesses u/s 202 of CrPC and dismissed criminal complaint u/s 203 of CrPC by observing that no offence is made out as against accused - There after final..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482, 320-- Compromise in an offence which is non compoundable - High Court can quash proceedings or FIR even when offence is not compoundable only when offence is akin to a civil nature and not when offence is of serious nature like those u/ss 395, 307 or 304-B IPC - Guiding principles and criteria left open..........

Showing : 1-10 of 13 Results