Central Reserve Police Force Act, 1949, Section 11(1), Central Reserve Police Force Rules, 1955, Rule 27(a) -- Dismissal from service - Misconduct - Respondent admitted that incident occurred as a result of handling of weapon, that bullets were fired and death of his colleague occurred in consequence thereof - Disciplinary authority found that charge of misconduct was..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement of PWs before Court can be said to be `evidence' during trial within the meaning of word `evidence' used u/s 319 Cr.P.C, therefore, on the basis of same, persons against whom no charge sheet is filed can be summoned to face trial...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Discharge - Accused discharged merely on the basis of two medical reports, as faults and inconsistencies found therein - Stage to appreciate evidence with a view to find fault or/and inconsistencies in two medical reports would arise only when prosecution leads evidence by examining doctors in support of medical..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents before framing charge - Court has to proceed ordinarily on the basis of material produced in charge sheet so as to deal with the issue of charge - But, if Court is satisfied that there is material which shall be necessary to make adjudication at the stage of charge, Court is not debarred from summoning or..........
Indian Penal Code, 1860, Section 376(2)(n), 420, 450 -- Rape - False promise of marriage - Framing of charge - Case set up by prosecutrix that accused induced her under a false promise of marriage and thereafter fraudulently established physical relations with her, is not without any basis - After pursuing challan appears and statement of prosecutrix, Court committed no..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation is sought to be conducted by a competent officer without report on additional evidence collected and that too in respect of an investigation concluded by an investigating officer - Supplementary report proposed to be filed could only be very same report already taken cognizance of by Court below -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prima facie on the basis of injury suffered by injured i.e fracture on left temporo-parietal bone, it can be inferred that petitioners made an attempt to commit murder - Merely because opinion is obtained from private doctor, Court cannot become oblivious of fact that injured has suffered fracture - Even..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Quashing of order farming charge - Allegation against mother-in-law and jethani - On the basis of charge sheet and material filed along with charge sheet Magistrate framed charges against accused - At the stage of framing of charge, Court is concerned only with prima facie materials presuming accused has committed..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge - Framing of charges being initial stages in trial process, Court therein cannot base decision of quashing charge on basis of quality or quantity of evidence rather enquiry must be limited to a prima facie examination...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Based on supplementary charge sheet - Accused who was discharged earlier can be summoned u/s 319 Cr.P.C on the basis of supplementary charge sheet, particularly when at earlier point of time supplementary charge sheet was ignored by trial Court while discharging accused that too when sufficient..........
