Showing : 511-520 of 1218 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307-- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained, naturally an offence against the body has..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376-- Rape - Medical examination of accused - Provision of S.53-A Cr.P.C. is mandatory in nature - Once a person is arrested on a charge of committing an offence of rape, the offender should be subjected to medical examination for his DNA profile...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 216, 228-- Additional charge - Prosecution evidence already recorded - It is the totality of the evidence under oath available on record, which is to be taken into consideration and not the statements of witnesses recorded by the investigator during investigation to find out whether there is justification..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Accused named in FIR but not named in charge sheet - Magistrate after perusing FIR, case diary and death report came to a prima facie conclusion of the involvement of all the persons named in FIR - Prosecution against all the persons named in FIR - High Court concurring - No..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, 173, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3- - Quashing of charge-sheet - Accused alleged to be involved in number of anti-social activities - Delay in filing charge-sheet in respect of many FIR's not fatal as no time frame for charge-sheet had been provided - Accused failed to furnish anything to establish that police harbored grudge against..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 227, 228-- Framing of charges - Held, at the stage of framing charge, Court has to prima facie consider, whether there is sufficient ground for proceeding against accused or not - Court is not required to appreciate evidence sufficient for conviction at this stage...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Participation of large number of accused in the incident apparent on the face of record - Respondents named in the FIR, during investigation and in testimony of witnesses - No reason for prosecution to have let out them from charge sheet - Held, there is sufficient material on..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Charge sheet for the offence punishable u/ss 323, 504 & 506 IPC submitted upon which charges framed - Supplementary charge sheet filed for the offence punishable u/ss 452, 376 and 511 IPC - Accused directed to get bail in the said matter - From the perusal of FIR it cannot..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 228-- Indian Penal Code, 1860, S.409 - Framing of charge - Defence of accused - Held, it cannot be considered at stage of framing of charge because no appreciation of evidence is required to be done at this stage - Only a prima facie case is to be seen...........
MADRAS HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 227, Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, Section 5- - Offence u/s.5 of the Act of 1997 - Prosecution of partner - Held, obligation for petitioner/accused to prove that offence took place without their knowledge or that he exercised all due diligence to prevent such offence arises only when prosecution establishes that requisite condition mentioned..........

Showing : 511-520 of 1218 Results