Showing : 781-790 of 1218 Results

ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161, 173-- Recording of statement - Direction to the Investigation officer to record statement u/s 161 of the Code after the committal of case to Court of Sessions - Direction not sustainable - Fields of investigation and trial are separate - Court has no power to issue directions to get a particular..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning - A person named in FIR but against whom police not filing charge sheet or drops the case, can be proceeded against u/s 319 Cr.P.C. if from the evidence collected/produced in the course of any inquiry into or trial of an offence, the Court is prima facie satisfied..........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 227, 228-- Framing of charge - Duty of court - Held, at the stage of framing charge court has to apply its mind to question whether or not there is any ground for presuming commission of offence by accused - Court has to see while considering question of framing charge as to whether material brought on..........
MADRAS HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 227, 228, 246-- Framing of charge - At the stage of framing of charges, court is not to go deep into the probative and evidentiary value of the material on record - Court is only to see if prima facie case is made out...........
MADRAS HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Public servant retired from service prior to the filing of charge sheet - No sanction of the govt. for prosecuting the public servant is required - Accused facing prosecution cannot claim immunity on the ground of want of sanction, if he ceased to be a..........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173-- Further investigation - Prior permission - FIR relating to vehicular accident showing involvement of car - Independent investigation by the Insurance Company revealed involvement of the motorcycle - After framing of charge, examination of all the witnesses was over - Application seeking permission..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 227, 228-- Charge - Defect - A mere defect in language or in the narration or in form of the charge, conviction would not be rendered bad if accused has not been affected thereby...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 211, 208-- Complaint case - Framing of charge - Held, while framing charge court must consider those statements which are exculpatory in nature - Copies of those statements have to be supplied to the accused and form part of the record of the case...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 124A, 153B-- Sedition - Discharge - Mere casual raising of some slogans, without intention to incite people to create disorder neither constitute any threat to Government of India nor it gives rise to feeling of enmity of hatred among different communities or religious or other groups - Charge for offence u/ss..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - An accused against whom Magistrate refused to proceed by summoning him, or dismissed the complaint against him in exercise of power u/s 203 Cr.P.C. can be summoned as an accused at a later stage in exercise of power u/s 319 Cr.P.C. to stand trial alongwith earlier charge..........

Showing : 781-790 of 1218 Results