Showing : 821-830 of 1348 Results

GAUHATI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 197-- First charge sheet filed after obtaining sanction u/s 19 of the Corruption Act - Accused discharged u/ss 120-B, 420, 468 and 471 IPC for want of sanction for prosecution u/s 197 Cr.P.C. - Second charge sheet filed after obtaining sanction u/s 197 Cr.P.C. - Held, second charge sheet is maintainable..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366-- Bail - Offence u/ss 363 & 366 IPC - Delay of four days in lodging FIR - Accused in jail for the last 15 months - False implication on account of village politics - Charge sheet filed against one accused although two accused were named in FIR - Bail granted subject to conditions...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 376(2), Criminal Procedure Code, 1973, Section 215-- Gang rape - Framing of charge - Charge that accused one by one raped victim - Words one by one indicate that accused persons were charged with gang rape - It is immaterial that words 'gang rape' was not used in the charge - Framing of charge not erroneous...........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 227, Dowry Prohibition Act, 1961, Section 3, Indian Penal Code, 1860, Section 376-- Discharge of accused - Sexual intercourse on false promise of marriage - Father of victim approached father of accused for marriage but latter demanded Rs.5.00 lacs as dowry - Parents of both the parties had knowledge about their indulgence in sex - Girl below 16 years of age at the first occasion..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 395, 411, Criminal Procedure Code, 1973, Section 240-- Dacoity - Charge framed u/s 395 IPC - Accused acquitted u/s 395 IPC but convicted u/s 411 IPC as stolen goods were recovered at their instance - Conviction u/s 411 IPC set aside as no charge was framed u/s 411 IPC - Accused could not be convicted without framing the charge - Moreover no..........
PATNA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304B-- Bail u/s 167(2) - Offence of dowry death - Charge sheet not filed on completion of 60 days - Bail sought - Held, gravity of offence for filing charge sheet is gauged from the maximum punishment prescribed for an offence - Under S.304-B IPC, life imprisonment can be awarded - Thus period is 90 days..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 464-- Appellate or Revisional Court can convict an accused for an offence for which no charge was framed unless Court is of the opinion that failure of justice would in fact occasion...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Prior sanction of Magistrate - Held, not mandatory - Further investigation after filing of charge sheet is the continuation of the earlier investigation - It is necessary only to keep the Magistrate informed about further investigation...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313-- Recovery of poppy husk - Conscious possession - Charge and statement u/s 313 Cr.P.C state that accused found in possession of contraband, recovery was effected and sample drawn - Requirement of law fulfilled - Immaterial if word `conscious possession' missing in statement under section 313 Cr.P.C...........
PATNA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 204, 190-- Summoning of accused - Submission of partial charge sheet - Some of accused summoned on basis thereof - Magistrate may or may not take cognizance against other accused against whom investigation has been kept pending, if there are some materials on record in first charge sheet against them -..........

Showing : 821-830 of 1348 Results