Showing : 911-920 of 1335 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR and charge sheet - Power u/s 482 Cr.P.C. is exercised to prevent abuse of the process of law and court - Such power can be exercised only when complaint or charge sheet does not disclose any offence or when said complaint is found to be frivolous, vexatious or oppressive...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482-- No case u/s 498-A IPC made out either in the FIR or in the charge sheet - No conduct attributed to appellant which could amount to cruelty of such a nature as is likely to cause wife to commit suicide or to cause any injury to her life - Ingredients to constitute an offence u/s 498-A IPC not..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 376, 511, Criminal Procedure Code, 1973, Section 222-- Rape - Offence u/s 376 IPC - During trial accused found to have committed offence of attempt to rape - Accused convicted u/s 511 IPC through no charge u/s 511 was framed - Not illegal - When an accused is charged with a major offence and if the ingredients of major offence are not proved, the..........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 239-- Discharge of accused - Applicability of provisions of S.239 of the Code - Held, provisions could be applicable only in a case where a police report is submitted u/s 173 Cr.P.C. authorising Magistrate to examine report submitted and also documents produced and after giving opportunity to parties,..........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Grant of - Failure to file charge-sheet within 90 days - Petitioner submitted application before Magistrate on 23.05.2008 for releasing him on default bail u/s 167(2) of Cr.P.C. - Admittedly, before that charge-sheet was already filed by prosecution before Magistrate on 13.05.2008 -..........
ORISSA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 164-- Confession - Evidentiary value of - Deposition of PW15, J.M.F.C. who recorded confession shows that accused after being produced before him was kept in charge of court sub-inspector, who produced him before Magistrate and was also present in his chamber when confessional statement was recorded -..........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 167, 437(5)-- Default bail - When can be Cancelled? - Held, where charge-sheet is not submitted against arrested accused within statutorily prescribed period of 60, 90, or 180 days, as the case may be, arrestee acquires a right to be released on bail - In such circumstances, court is bound to direct his release..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Information disclosing a cognizable offence - Officer-in-charge of a police station is under an obligation to register a case and then to proceed with the investigation - Refusal to register is violation of a statutory duty...........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 31-- One trial for more than one offence - Award of sentence - Trial court, though framed charge in each of offences, failed to award punishment for each of distinct offences rather conjointly awarded sentence for 3 years and fine of Rs.500/- in default to 30 days SI - Held, punishment being not passed..........
CALCUTTA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 154, 207-- FIR - Preliminary enquiry report - Supply of copy - Necessity of - u/s 207 Cr.P.C. defence has been supplied with FIR of regular case, charge sheet and all documents that accompanied charge sheet - Held, desire of petitioner to have copy of report of preliminary enquiry does not stand to reason...........

Showing : 911-920 of 1335 Results