RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 227-- Discharge - Illegal gratification - Mere recovery of a sum of Rs.20,000 from public servant cannot be categorized as obtaining pecuniary advantage by corrupt or illegal means, nor it is a case of abuse of his position as public servant by accused, particularly when there is no evidence against..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161(2), 53, 53A, 54, Constitution of India, 1950, Article 20(3)-- Investigation - Narco Analysis and Brain Mapping tests - Cannot be conducted forcibly, if accused refuses to undergo the tests...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482-- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Statutory period of 90 days to complete the investigation expired - Bail application filed by petitioner much prior to filing of charge sheet - Subsequent filing of charge sheet shall not frustrate the petitioner's indefeasible right for being released on bail u/s 167(2) Cr.P.C. -..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 357-- Conviction u/s 302 IPC - Imposition of fine - It is not mandatory to impose fine in addition to substantive sentence of imprisonment for offence punishable u/s 302 IPC, though it is desirable to impose fine having regard to facts and circumstances of case and power conferred u/s 357 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 220, 223(d)-- Term "same transaction" u/s 220(1) Cr.P.C., implies that one series of act so connected together as to form the same transaction...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 223(d), Protection of Children from Sexual Offences Act, 2012, Section 5, 19, 21-- Joint trial - Different offences committed in the course of same transaction - Main act of commission of an aggravated penetrative sexual assault by co-accused and no, reporting the same to police by petitioner despite knowledge depicts commission of different offences by them but in the course of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of conviction - No allegation levelled against accused by deceased in her dying declaration - Accused dismissed from service because of conviction order passed against him - Irreparable loss caused to accused - Conviction order suspended with regard to the present petitioner...........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d)-- Complaint - Dismissal against some of the accused - When Court exercises power u/s 203 Cr.P.C. there is the end of the matter - In such case, Court cannot revert back to pre-cognizance stage as against the remaining accused...........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 203, 2(d)-- Complaint - Rejection of complaint against some of the accused - When there are not sufficient grounds against a particular accused, complaint can be dismissed against him and the earliest stage to pass such an order is the one contemplated u/s 203 Cr.P.C. and not earlier...........