Showing : 71-80 of 1339 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Proceedings against other persons - Offences punishable u/ss 147, 148, 341, 323, 325, 307 of IPC - Police investigation shows that petitioner was not present at place of occurrence as he was posted in Army, far away from place of incident - Furthermore, no overt act is assigned to petitioner and..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Allegation against I.O - Petitioner misused his authority as Sub-Inspector of police and he intentionally aided actual accused - He admittedly falls within definition of Public Servant u/s 21 IPC and therefore, it is mandatory to follow provision u/s 197 Cr.P.C -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 70-- Arrest warrants - Summoning of accused - Police initially submitted negative final report and Court took cognizance - There is no likelihood of petitioner tampering with the witnesses and there are no chances of their evading summons - Petitioners thus, directed to surrender before concerned Court..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Application to set aside ex parte decree not filed within 30 days of knowledge of ex parte decree - Meanwhile husband remarried - Where a party has solemnized a second marriage, issue concerning ex parte decree has to be decided keeping in view the..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 7-- Illegal gratification - Order taking cognizance - Petitioner being a Patwari demanded bribe for issuance of bonafide residence certificate - However, no evidence on record to show that there is any specific demand for making a bonafide residence certificate - Rather, petitioner had mentioned in..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - After submission of charge sheet by police - Power of Magistrate - Magistrate has ample power to direct further investigation after submission of charge sheet by police even when cognizance has been taken on charge sheet...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 190(1)(b), 397(2)-- Order taking cognizance - Revision against - Maintainability - Order taking cognizance is an intermediary order and not an interlocutory order - Hence, revision petition is maintainable against such order of taking cognizance u/s 397(2) Cr.P.C...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - S.173(8) Cr.P.C. can be pressed into service only at the instance of investigating agency but not at the option of the complainant or accused - Magistrate has no suo motu power to order further investigation at the post cognizance stage...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Post cognizance stage - Court cannot direct I.O to conduct further investigation at the request of accused at post-cognizance stage...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 200-- Cognizance of offence - Where Magistrate decided to proceed under Chapter XV Cr.P.C, it is not obligatory on part of Magistrate to give reasons to differ with report of I.O...........

Showing : 71-80 of 1339 Results