Criminal Procedure Code, 1973, Section 239, 240 -- Charge - Framing of - Held, at the time of framing charge, Court is to frame charges on the basis of documents attached with police report submitted u/s 173 of CrPC and for framing the charges, no material/evidence beyond said documents can be looked into...........
Criminal Procedure Code, 1973, Section 239, 240 -- Framing of charge - Judicial review - Held, revisional Court can examine correctness of the order framing charge by reference to documents referred to in S.239 and 240 CrPC and that Court could not quash charges on the basis of documents which accused may produce except in exceptional cases where documents are of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Cancellation of bail - Murder due to political rivalry - Accused a sitting M.P. - Charge-sheet filed - Accused alleged to be giving threatening calls - Held, if complainant received any fresh threat from accused in such event trial Court is free to take appropriate steps - Merely on basis..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20,52,55 -- Recovery of 5 kg ganja from the bag of appellant - Non-compliance of Ss.52 & 55 of the Act - Neither delay in delivering bag at FSL has been explained nor Malkhana Register was produced in evidence - Prosecution did not establish that seized Ganja was kept in safe custody in Malkhana -..........
Criminal Procedure Code, 1973, Section 239, 240, 397, 401 -- Framing of charge - Revision against - Revisional Court can examine the correctness of the order framing charge by reference to the documents referred to in Ss.239 and 240 of Cr.P.C - Charge cannot be quashed on the basis of documents which accused may produce except in exceptional cases where documents are of..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - It is unfettered constitutional and fundamental right of an accused to ask for any document relied upon by the investigating agency and which is the basis of a criminal charge/trial of an accused - Accused cannot claim a right for disclosure of unspecified material - Accused has a right..........
Criminal Procedure Code, 1973, Section 197, 239, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Charge - When at the stage of framing charge there is material to indicate that alleged acts were done or purported to be done in discharge of official duty but by abusing the position held by the accused as public servant, the plea of discharge on the basis of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Contraband - Recovery - Independent witnesses not joined - Held, if from the evidence available on record Court finds that charge against accused is proved, Court may convict the accused on the basis of evidence available on record even in absence of evidence of independent witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Sample seal neither handed over to independent witness nor deposited in malkhana but remained in possession of recovery officer upto the filing of charge sheet - No suggestion put in cross examination that he misused the seal and that sample packet was tampered with and instead of the sample taken from..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 307 -- Attempt to murder - Quashing of proceedings - Applicant and respondent No.2 have settled the matter between them out of court and respondent No.2 i.e. original complainant does not wish to prosecute FIR lodged by him and consequent further proceedings arising therefrom - Held, it is..........
