Criminal Procedure Code, 1973, Section 227 -- Discharge - While discharging accused Court has to keep in mind aspect that, even if entire material is accepted, as it is, without there being any rebuttal on part of accused, if there is no material to frame charge, then under such circumstances, accused is entitled for discharge...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B -- Discharge - Framing of charge u/s 304-B IPC - Prima facie material on record against accused to frame charge - It is thus, not a fit case to discharge accused - Discharge application dismissed...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Solely for the reason that vehicle and other articles are likely to be confiscated after trial, conditional release of vehicle and other articles on supurdginama and surety cannot be denied - Vehicle released on supardgi till completion of trial with conditions...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - Recording of reasons - At the time of framing of charge, it is not necessary to record reasons - But when Court discharges accused, it is necessary to record reason...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing charge, defence evidence of accused shall not be considered - Accused has right to produce evidence at the stage of defence after recording statement u/s 313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Quashing of charge - Revisional power cannot be exercised to quash charge framed by Court...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Abetment of suicide - Cruelty - Allegation of harassment on account of demand of dowry and beatings given by accused to deceased though levelled in FIR, however, it remains unexplained as to why in case deceased was harassed in this manner since 2010, her..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Bail - Offence u/ss 21, 22 NDPS Act - Recovery of 110 grams of intoxicant powder containing prohibited substance alprozolam - As per the FSL report, total quantity of prohibited substance alprozolam found in the entire recovery is only 0.38% which is less..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing charges truth, veracity and effect of evidence, which prosecution proposes to produce are not to be meticulously examined - Court at this stage only has to see whether u, rebutted evidence, which prosecution is to adduce, make way for conviction and if it is so then charge can be..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 376(3), 376(D), 366, 366A, 376DA, 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 18 -- Anticipatory bail - Offence u/ss 323, 376(3), 376(D), 366, 366-A, 376-DA, 511, 506 IPC & Ss.4, 18 POCSO Act - Initial occurrence took place when victim was a minor - However,..........
