Showing : 1-10 of 1814 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 302-- Permission to aggrieved party to conduct prosecution - Permission not to be granted on mere asking - However, victim has a right to assist Court in a trial - Magistrate may consider as to whether victim is in a position to assist Court and as to whether trial does not involve such complexities..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner is yet to be determined in totality of evidence collected on record by prosecution,..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 2(d), 156(3)-- Complaint to Magistrate with allegations constituting an offence - Only relief sought to forward complaint to police for investigation - Amounts to complaint u/s 2(d) Cr.P.C. and is maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190-- Direction to police to file complete challan - Magistrate has no power to direct police to file complete challan...........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 238, 239, 241, Indian Penal Code, 1860, Section 454, 380, 34-- Conviction on plea of guilt - Non-compliance of provisions of Ss.239, 240 Cr.P.C - Offence u/ss 454, 380, 34 IPC - Procedures prescribed by Ss.239, 240 Cr.P.C i.e consideration by Magistrate of police report and matter submitted before it and an opinion formed that charge should be framed, not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Once Magistrate takes cognizance and discharges accused, Magistrate has no jurisdiction to suo moto direct I.O for further investigation or direct re-investigation and submit the report - However, I.O is at liberty to apply for further investigation even after forwarding..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 451, 482-- Offence u/ss 41, 52, 52-A of Indian Forest Act and Ss.27, 29, 39(1)(d), 51, 52 of Wildlife Protection Act - Release of seized vehicle - Dismissal of application by Magistrate and Session Judge - Application u/s 482 Cr.P.C allowed - As per the provisions of Forest Act and Wildlife Protection Act it..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 198, 2(d)-- Bigamy - Aggrieved person - FIR was filed by uncle of applicant and cognizance is taken on police report submitted by I.O - Neither I.O nor uncle of applicant can be termed as aggrieved person in view of S.198 Cr.P.C - They cannot also be treated as complainant, because no statement as required..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 157-- Delay in sending FIR to Court - FIR was registered at 08.30 p.m. whereafter complainant was sent to hospital for treatment - FIR reached Magistrate at 06.45 a.m. - It cannot be said that there was delay, much less inordinate delay in sending FIR to Court...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Offence u/ss 494, 498-A, 506(ii) IPC - Complaint lodged before police discloses offence in question - Police thus, can investigate the matter and file a charge sheet and based on said charge sheet, Magistrate can take cognizance of offences including offence u/s 494 IPC...........

Showing : 1-10 of 1814 Results