Showing : 21-30 of 714 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- FIR can be quashed even when charge sheet is filed...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 437-- Bail - While considering regular bail application of accused u/s 437 Cr.P.C, factum of rejection or acceptance of anticipatory bail application by itself is not germane - However, factors which weighted with Court while either rejecting or granting anticipatory bail to accused or such of them as..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173-- Charge sheet - When charge sheet is filed before Court/Magistrate without arresting accused, despite rejection of his anticipatory bail application by High Court, it is not open to Court to examine where exercise of discretion by I.O not to arrest accused despite rejection of his anticipatory bail..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(1)(c)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 300-- Offence u/ss 13(1)(c)(d)(e), 13(2) of P.C. Act - Double jeopardy - Accused discharged due to lack of proper sanction - Proper order of sanction for prosecution issued thereafter - Fresh/supplementary charge sheet filed - Principle of "double jeopardy" do not apply - Court erred in refusing to take..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 295A, Information Technology Act, 2000, Section 66, 67, Criminal Procedure Code, 1973, Section 439-- Allegation levelled in FIR is that applicant is in whatsapp group - No direct role assigned to him - Role of applicant as per allegation appears to be distinguishable from other co-accused - Applicant has no criminal history - Charge sheet was already filed against applicant and he is already in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 307, 120B, 34-- Murder - In first charge sheet and second charge sheet, trial Court awarded consecutive sentences and not concurrent sentences - Both cases were tried together - Conviction was recorded by one common judgment - Sentences were also recorded by one common order - High Court rightly concluded that..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - After submission of supplementary charge sheet - Powers of trial Court after cognizance against a particular offender not available against same offender, but if supplementary charge sheet is submitted and another offender is included in array of accused, then looking into..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482-- Quashing of charge sheet - Offence u/ss 323, 504 IPC and Ss.3(1)(r), 3(1)(s) of SC/ST Act - Real dispute between parties is of civil and private in nature and criminal prosecution arose incidentally and not as a natural consequence of real occurrence - More so, parties have entered into compromise..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Offence u/ss 302, 341, 323, 452, 336, 143, 149 IPC - As on completion of 90 days of prescribed period u/s 167 Cr.P.C there were no papers of investigation or charge sheet u/s 173 Cr.P.C before concerned Magistrate - Accused was thus denied of protection established by law - Issue of..........

Showing : 21-30 of 714 Results