Showing : 611-620 of 1218 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
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..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 311-- Further evidence - Court in exercise of power u/s 311 Cr.P.C. can summon a person as a witness even when his name is not mentioned in FIR or in charge sheet - However, this power can be exercised only by indicating reasons as to why evidence of the witness is necessary for dispensation of justice...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 211-- Charge - Trial Court framed the charge - High Court in its revisional jurisdiction cannot reappraise the evidence - It is the trial Court which has to decide whether evidence on record is sufficient to make out a prima facie case against the accused so as to frame charge against him...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceedings - Delay in trial - Investigating agency took about eleven years to finalize investigation - Matter remained pending for charge for about four years in Court of Magistrate - Prosecution failed to examine any witness for about eight years - No reason has been..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - High Court rejected bail application on 08.12.2009 - Charge-sheet already stood filed on 03.12.2009 - Sessions Judge allowed subsequent bail application on 31.12.2009 - Application for cancellation of bail - No changes in circumstance during the period between 08.12.2009..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Cognizance against - Scope - Held, Court has discretionary power to proceed against persons other than those against whom charge-sheet has been filed - But the rider is that in the course of any inquiry into or trial of an offence, if it appears from evidence that any person..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482-- Charge sheet cannot be quashed on the ground that investigation was done by Head Constable who was not authorised to investigate...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420B, 468, 471, 109-- Bail - Offence u/ss 13(2), 13(1)(d) Prevention of Corruption Act and Ss.420-B, 468, 471 & 109 IPC - Economic offence of huge magnitude - Investigation completed and charge sheet filed - No serious allegation that accused if released on bail would interfere with the trial or tamper with evidence -..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 227, 228-- Framing of charge - Procedure to be followed - Held, accused has no right to adduce any evidence or material at the stage of charge nor Court is required to consider any defence evidence - At that stage materials collected during investigation and placed before Court in support of police report..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 227, 228-- Framing of charge - Trial Court considered case of petitioner along with other accused by making a general and sweeping observations against all accused without taking into consideration as to what nature of evidence had been produced against petitioner and what was her complicity - Other accused..........

Showing : 611-620 of 1218 Results