Showing : 671-680 of 1335 Results

CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21-- Criminal proceedings - Quashing of - Delayed investigation - Matter involves siphoning of Rs.46,00,000/- of public funds - Number of accused and voluminous documents - Large number of witnesses put up by prosecution - Investigation was unduly prolonged for more than 9 years - However, after filing..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 468, Criminal Procedure Code, 1973, Section 439-- Bail - Factors to be considered while granting bail - Held, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of merits of case need not be undertaken but reasons be indicated why bail was being granted - Court granting bail has to consider, among other..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Parameters for grant of bail are tampering with evidence or investigation and absconsion - Tampering with evidence or investigation no longer relevant as charge sheet already filed - Possibility of absconsion is remote of a sitting MLA - Bail granted...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - Validity - There is no material on record of case by which any logical conclusion can be arrived that petitioners in any manner tortured or pressurized the deceased or instigated him to commit suicide - There is no such evidence on record of the case to show that accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 239, 240-- Framing of charge - Duty of Court - Held, Magistrate is competent to frame charge on consideration of documents and other material attached with police report submitted u/s 173 CrPC and finding that a prima facie case has been made out - It is also well settled that at the stage of framing of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 239, 240-- Framing of charge - Judicial review - Held, revisional Court can examine correctness of the order framing charge by reference to documents referred to in S.239 and 240 CrPC and that Court could not quash charges on the basis of documents which accused may produce except in exceptional cases where..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Criminal proceedings - Quashing of - Dispute of civil nature - Held, allowing the prosecution of applicant to go on for the charge u/s 420 IPC, which is not made out at all, will not serve the interest of justice - Proceedings liable to be quashed - Petition allowed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 239, 240-- Charge - Framing of - Held, at the time of framing charge, Court is to frame charges on the basis of documents attached with police report submitted u/s 173 of CrPC and for framing the charges, no material/evidence beyond said documents can be looked into...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - Code of Criminal Procedure is epitome of law and is complete Code relating to Criminal Procedure from the first stage of filing the complaint, framing of charge till the conclusion of the trial and all other related matters - Likewise, if there is no material/evidence on..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190(c), 200-- Police investigated matter - Submitting closure report - Closure report rejected by Magistrate - Magistrate directed police to submit charge-sheet - Validity of - Held, Magistrate while disagreeing with final report/closure report can take cognizance but cannot direct police to submit charge..........

Showing : 671-680 of 1335 Results