Showing : 711-720 of 1335 Results

RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 251, 254-- Summons case - Trial - Held, accused person should be made aware of offence(s) alleged against him - In summons case, there is no need to frame formal charge - However, particulars of offence should be brought to notice of accused so that he may not only know offences alleged against him, but most..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Powers of Magistrate - Persons not named in charge-sheet - Summoning of - Held, when Magistrate takes cognizance u/s 190(1)(b) of the Code upon a report made by a police officer, he is not restricted to issue process only to persons charge-sheeted by police - Magistrate is..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482-- Criminal proceedings - Quashing of - Entire material in charge sheet, even if proved up to the hilt, does not make out any involvement of petitioner `M' in alleged commission of offence and it cannot be said that material brought in charge sheet are sufficient to proceed against him and subject..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 167, Maharashtra Control of Organised Crime Act, 1999, Section 21(7), 25-- Effect of S. 21(7) of MCOC Act - Held, MCOC Act being a special Statute would have an overriding effect to S.167 of Cr.P.C. - This is more so illustrated in S.25 of MCOC Act providing an overriding effect - Thus, S.21(7) of MCOC Act would have to be read additionally to the provisions of S.167 of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 7, 13, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 142-- Reduction in sentence - High Court, in exercise of its jurisdiction, u/s 482 Cr.P.C. and Supreme Court, under Article 142 of the Constitution, would not ordinarily direct quashing of a case involving crime against society particularly, when both the trial Court as also the High Court have found..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - If an application for default bail is filed on the ground that charge sheet is not filed within 90 days but before the consideration of the same and before being released on bail, if charge sheet is filed, the said right to be released on bail is lost - After filing of charge sheet,..........
KERALA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 197, 239, Prevention of Corruption Act, 1988, Section 13(1)(d)-- Charge - When at the stage of framing charge there is material to indicate that alleged acts were done or purported to be done in discharge of official duty but by abusing the position held by the accused as public servant, the plea of discharge on the basis of protection u/s 197 Cr.P.C. cannot be..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 173-- Second charge sheet for the same offence - Second charge sheet by improving the fact that one person died on the spot - At the time of filing of first charge sheet respondent was aware about the death occurring out of accident - Main charges the same - State to consider dropping of the second..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 173(8)-- Supreme Court is competent to entrust investigation to any independent agency - Once the investigating agency submits the report then it is the Court in which the charge sheet is filed which is to deal with all matters relating to the trial of the accused including matters falling with the scope..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482, 177, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- -Territorial jurisdiction - Quashing of charge-sheet - Wife forced to leave matrimonial home and to live with parents at Dehradun - Demand of dowry continued on phone calls by the husband and father-i, law - Held, Court at Dehradun has jurisdiction to try the case - Petition dismissed...........

Showing : 711-720 of 1335 Results