Showing : 71-80 of 741 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - After registration of complaint and pending investigation accused was placed under suspension - After departmental enquiry major penalty of dismissal from service was passed - On the date of filing charge sheet and taking cognizance accused was not a public servant -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Protection u/s 438 Cr.P.C. is available to accused only till Court summons the accused based on charge sheet (report u/s 173(2) Cr.P.C.) - On such appearance accused has to seek regular bail u/s 439 Cr.P.C. and that application has to be considered by Court on its own merits...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 450, 506-- Rape - Prosecutrix clearly stated that accused entered inside her house and committed rape on her and gave threat to her not to disclose incident to anybody - On the basis of materials on record, prima facie case u/s 376 IPC is clearly made out - No fault therefore, can be found with I.O in..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7-- Offence u/s 3 of the Act - Investigation of offence u/s 3 of the Act not permissible by an officer below the rank of DSP as per R.7 of SC/ST Rules - Since investigation in the case was conducted by three Sub-Inspectors of police one after another who were acting as Officer-i, Charge of concerned..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451-- Release of seized vehicle - Vehicle seized for transporting 38 kgs poppy straw - Charge sheet already filed - More than 8 months have passed since seizure of vehicle - It is thus not appropriate to keep the vehicle idle for indefinite period - Nothing on record to show that contraband was..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b)-- Default bail - Contraband - Charge sheet not filed within 60 days which expired on 4.8.2017 - Charge sheet filed on 20.9.2017 - Application for bail filed on 19.9.2017 and application for default bail filed on 21.9.2017 - Held, bail application not to be overlooked - Submission of charge sheet on..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304B-- Default bail - Offence u/s 304-B IPC - Charge sheet not filed within period of 90 days - 90 days period expired on 04.02.2018 - Application for default bail moved on 05.02.2018 and on the same day charge sheet also filed - Bail granted...........
PATNA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 229, Indian Penal Code, 1860, Section 409, 420, 467, 468, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(D)-- Discharge - Bitumen scam - Two charge sheets were submitted first against accused second against petitioners - Allegation against petitioners is short supply of bulk bitumen by supplier - However, allegation against accused in first charge is shortage of bulk bitumen - Shortage of bulk bitumen..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376-- Rape - Testimony of prosecutrix - Prosecutrix stated that she was beaten before she was raped and as a result she suffered an injury - However, said fact is belied by Doctor PW11 - Further prosecutrix stated that she reported incident to chowkidar on the same night, but such chowkidar was not..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 477A, 120B-- Framing of charges - Offence u/ss 13(2), 13(1)(d) of P.C. Act and Ss.420, 477-A, 120-B IPC - There is no prima facie case for commission of offences alleged against petitioner - I.O failed to collect any clinching materials to proceed against petitioners and acted in a mechanical manner - There is..........

Showing : 71-80 of 741 Results