Showing : 951-960 of 1218 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 173-- Charge sheet - Can be filed against an absconding accused - If IO finds sufficient evidence even against such an accused who is absconding, law does not require that filing of charge sheet must await the arrest of accused...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 167(2), 309(2)-- Accused absconding - Charge sheet filed - Court taking cognizance - Non bailable warrants issued - Accused arrested and remanded to police custody for further investigation - Accused not entitled to bail u/s 167(2) Cr.P.C. even when no further challan was put up by police...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Permissible even after filing of charge sheet - Further investigation is permissible even if order of cognizance of offence has been taken by the Magistrate...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 302, 304B, Criminal Procedure Code, 1973, Section 222-- Modification of conviction - Charge-sheet filed u/s 302 IPC - Charge later on altered to S.304-B - Accused cannot be convicted u/s 302 IPC if charge under S.302 was proved - Conviction altered from S.302 IPC to S.304-B IPC and accused sentenced to 7 years R.I...........
DELHI HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 227, 228-- Framing of charges - Defence of accused - Held, at the stage of framing of charge the defence of accused cannot be put forth - Accused is only entitled to make submissions on the record of the case as filed by prosecution and documents submitted therewith and nothing more - Expression `hearing the..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304(Part II)-- Default bail - Non filling charge sheet within period of 60 days - Held, non filing of charge sheet within a period of 60 days could prove fatal only in the event the prescribed sentence was less than imprisonment for life or may extend to 10 years and also liable to fine - Punishment for an..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 221, 222(2)-- Minor offence - Conviction - Even no charge is framed where two offences are cognate offences wherein main ingredients are common - One punishable with a lesser sentence and another with a higher sentence and grave in nature than former could be said to be minor one and accused can be convicted..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Final charge sheet submitted - Submission of final report by investigating agency is not a legal bar to make further investigation and file the charge-sheet...........
KERALA HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 227, 228, 239, 240, 245, 246-- Charge - In matter of discharge or framing of charge, Court has to decide either termination of proceeding or to presume guilt and proceed further - There is no third category of cases...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 300, 197-- Sanction for prosecution - Absence of - Effect thereof - Held, in absence of sanction court had no jurisdiction to proceed in matter and take cognizance of offence - But order passed in that regard cannot lead to acquittal of accused - In essence order only operates as discharge - Subsequent..........

Showing : 951-960 of 1218 Results