Indian Penal Code, 1860, Section 376, 323, 328, Criminal Procedure Code, 1973, Section 482 -- Summoning order - Indulgence in sexual intercourse on deceitful promise of solemnizing marriage amounts to rape - No illegality or legal infirmity in the summoning order passed on basis of charge sheet...........
Service -- Petitioner, a clerk-cum-Cashier in Bank, served with a charge sheet containing imputations of misappropriation - Preparatory to allowing of charge-sheet a preliminary enquiry conducted by very same Enquiry Officer who was subsequently appointed as Enquiry Officer - E.O. found petitioner guilty of charges - Petitioner contended that Enquiry Officer was already..........
Unlawful Activities (Prevention) Act, 1967, Section 43D, Criminal Procedure Code, 1973, Section 167, National Investigation Agency Act, 2008, Section 15 -- Prosecution seeking extension of time for investigation - Accused also sought statutory bail on ground of non-submission of charge-sheet within statutory period - Extension of time granted, vide impugned order, on basis..........
Criminal Procedure Code, 1973, Section 482, 173 -- Quashing of charge sheet - Charge sheet submitted during continuation of investigation - It is a incomplete charge sheet - Magistrate cannot take cognizance on the basis of incomplete charge sheet - Order taking cognizance set aside...........
Service -- Disciplinary proceedings - High Court gave liberty to hold de novo enquiry - Means the entire earlier proceedings including the charge sheet issued earlier stood quashed - Held, it was not permissible for the appellants to proceed on the basis of charge sheet issued earlier - Question of initiating a fresh enquiry without giving a fresh charge sheet could not..........
Charge sheet -- Quashing of charge sheet - Second Respondent issued a charge sheet on the petitioner on the basis of complaint forwarded by the previous employer namely Punjab Small Industries Export Corporation for the alleged loss caused by the petitioner to the Corporation - Held that a complaint forwarded by the previous employer could not become a subject of a charge..........
Criminal Procedure Code, 1973, Section 173, 190(1)(b), 200, 203 -- Final report - Protest petition - Held, when police after investigation submits a report u/s 173 Cr.P.C. stating that there is no evidence to submit a charge-sheet complainant/informant is noticed to file a protest petition - If a protest petition is field, Magistrate has three options - (a) he may decide..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of a person as additional accused - There is no restriction upon a Magistrate to summon any person for trial when he was not named in the FIR or when named but not charge sheeted, if at any stage of proceeding the trial court is satisfied that on the basis of evidence collected/produced in the course of enquiry into..........
Criminal Procedure Code, 1973, Section 190,2(d) -- Expl. - Cognizance of offence - Offence u/s 506 IPC - Held, it is not non-cognizable - Thus provision of S.2(d) not attracted - Cognizance of offence directly on basis of charge sheet cannot be flawed...........
Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 15, Criminal Procedure Code, 1973, Section 482 -- FIR lodged for the offences indictable u/s 3, 4 and 5 of Act of 1956 - Charge sheet filed and charges framed - Petition for quashing of FIR filed on the ground that search procedure was not followed as envisaged u/s 15 of the Act - Petition dismissed - Held, whether..........
