Showing : 1001-1010 of 1335 Results

RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482-- Charge - Quashing of - Main accused discharged and order of discharge sustained till Supreme Court - Charge against co-accused also quashed...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 437, 482-- Bail cannot be granted in a petition for quashing of FIR - Respondents were absconding in a murder case as per charge sheet - Petition filed for quashing of FIR - High Court while disposing off petition u/s 482 Cr.P.C. released the respondents on bail - Held, that High Court has not considered the..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 216-- Charge - Alteration - Charge sheet filed u/s 306 IPC - Alteration of charge to S.302 IPC - Charge altered on the basis of evidence of one eye witness that accused gave severe beatings to deceased - No error in the impugned order...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 303, 265-- Plead guilty - Duty of court - Held, ordinarily in serious offence, plead guilty is to be avoided - It is desirable to direct that case should be tried - Even if plea guilt is recorded which would be done by distinctly putting to accused each fact alleged in charge, if proved, would constitute an..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 377-- Sodomy - Failure to frame charge - Medical evidence clearly establishes that sodomy was committed on deceased - Charge-sheet filed by prosecution was also filed u/s 377 of IPC - Trial court did not frame charge u/s 377 of IPC which was prima facie made out against accused - Held, prosecuting..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 244, 245, 246, Water (Prevention and Control of Pollution) Act, 1974, Section 25, 26, 43-- Private complaint - Framing of charge - Procedure for - Held, provisions as contained in S.244 mandates that a Magistrate shall proceed to hear prosecution and take all such evidence as may be produced in support of prosecution - As such, discretion is vested with complainant to produce evidence..........
JHARKHAND HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 146(1)-- Dispute over property - Apprehension of breach of peace - Attachment of property - Validity of - Serious dispute regarding possession and right to possess is going on between parties for property described fully in the impugned order - This order further mentions reasons as why such apprehension..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 468-- Complaint - Offence u/ss 498A & 323 IPC - Limitation - Complaint u/s 498A and 323 r/w S.34 of IPC was filed four years later - Delay in filing complaint has not been properly explained - Offences allegedly occurred from 1990 to 1991 and complaint was filed 5 years later - Court held that..........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 254, Indian Penal Code, 1860, Section 188, 427-- Summon case - Discharge of accused - Legality of - Held, both offences punishable u/ss 188 and 427 IPC are offences for which appropriate trial can only be summons trial, in which case there is no question of framing charge - If so, there is no question of discharging accused also - In a summons..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceedings - Power should be exercised very sparingly and with circumspection and that too in the rarest of rare cases - Where investigation is completed, charge sheet had been filed and charges are framed, the High Court should not ordinarily embark upon an enquiry as to the..........

Showing : 1001-1010 of 1335 Results