Constitution of India, 1950, Article 226, 227 -- Acquittal - Initiation of proceedings in Human Rights Commission for dereliction of duty of police official - Acquittal was passed by Court - If there was any grievance being not satisfied with order of acquittal, proper course would have been in a different Forum altogether - Secondly there is no dereliction of duty as..........
Criminal Procedure Code, 1973, Section 300, 227 -- Applicability of S.300 Cr.P.C. - Has to be considered at the stage of discharge u/s 227 Cr.P.C, which is a stage prior to framing of charge u/s 228 Cr.P.C...........
Civil Procedure Code, 1908, Order 26, Rule 9, Constitution of India, 1950, Article 227 -- Refusing to appoint local commissioner - Revision - Maintainability - Neither any issue has been decided nor rights of parties adjudicated in refusing to appoint local commissioner - Revision against such an order is not maintainable...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Murder - Serious allegations made against accused of funding commission of murder of deceased by hatching a conspiracy along with other accused - No material on record to discharge accused - No fault can be found with order passed by Special Court rejecting discharge application - Application for discharge rightly..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17, Constitution of India, 1950, Article 227 -- Application U.O.6.R.17 - Petition under Art.227 filed against dismissal of such application - Remedy is available u/s 115 CPC - High Court ought to have converted writ petition into revision - Impugned order dismissing writ petition set aside - Matter remitted for..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court to conduct a simple and necessary inquiry and not roving inquiry for coming to conclusion that a prima facie case is made out for accused to stand trial...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Civil Procedure Code, 1908, Order 8, Rule 9, Constitution of India, 1950, Article 227 -- Additional written statement - Order allowing application for additional written statement - Petition u/art 227 of Constitution - When legislature has left it to discretion of Court to decide on permitting subsequent pleadings U.O.8.R.9 CPC, without any restriction similar to O.6.R.17..........
Criminal Procedure Code, 1973, Section 227, Prevention of Money Laundering Act, 2002, Section 3 -- Discharge - Offence u/s 3 of Prevention of Money Laundering Act - Accused No.1 already acquitted of the scheduled offence and present appellants not accused of any scheduled offence - Discharge application allowed...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 201, 118 -- Discharge - Murder - Complainant in complaint has not named accused as perpetrator of offence rather she stated that she suspects foul play - I.O has not brought even prima facie material in charge sheet as to what was the motive on the part of accused to commit alleged..........
