Showing : 141-150 of 1255 Results

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...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25-- Release of seized vehicle - Vehicle involved in NDPS case - Vehicle if remains in police station for long period same will be destroyed - No other person is claiming custody of vehicle in question - Vehicle directed to be release on suparadginama with conditions...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 7, 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B-- Sanction for prosecution - While taking bribe money it cannot be said that accused was purporting to act in the discharge of his official duty - S.197 Cr.P.C. not at all attracted - Moreover when offence of criminal conspiracy is committed for the offence of special acts or other Sections of IPC..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 385, 386-- Appeal against conviction - Dismissal of appeal in default and for no, prosecution without examining merits of case not permissible - Appellate Court has to dispose of appeal on merits after perusal and scrutiny of record - Impugned order set aside - Matter remanded back to appellate Court for..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67-- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6 months and..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 120B-- Sanction for prosecution - Offence u/s 120-B IPC - It is no part of duty of public servant to enter into criminal conspiracy or criminal misconduct - Sanction for prosecution thus, not necessary to prosecute a public servant for offence u/s 120-B IPC...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B-- Sanction for prosecution - Offence u/ss 13(1)(d), 13(2) of P.C. Act and S.120-B IPC - No sanction is required to prosecute a public servant who ceased to hold office when prosecution is for offences under P.C. Act - So far as offence u/s 120-B IPC is concerned, same is an ancillary charge and is..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 397, 401-- Revision - Court while allowing revision petition neither issued notice to petitioners nor petitioners arrayed as respondents by complainant - Court of Revision required to afford an opportunity of hearing to concerned party at time of upsetting order passed in favour of said party by Magistrate -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Petitioners found innocent during investigation and challan was not presented against them - Though petitioners named as accused present at the spot but no specific overt act attributed to them - Not enough material on record to order summoning of petitioners to..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A-- Sanction for prosecution - Medical negligence - Prosecution of Government doctor cannot be allowed without procuring prior sanction u/s 197 Cr.P.C - In the absence of prosecution sanction, allowing proceedings to continue against petitioners for offence u/s 304-A IPC would be nothing short of a..........

Showing : 141-150 of 1255 Results