Showing : 4981-4990 of 13235 Results

KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2)-- proviso - Default bail - Offence u/s.55(a) of Kerala Abkari Act - Prosecution failed to file final report within 60 days - Held, Magistrate has no authority to detain petitioner in custody - Accused entitled to be released on bail...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 240-- Framing of charge - Charge cannot be framed on the basis of evidence recorded at the pre summoning stage...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 244, 245, 246, Evidence Act, 1872, Section 138-- Evidence - Admissible only when accused is afforded an opportunity to cross examine the witnesses - Right of accused to cross examine the witnesses after framing of charge does not take away right of accused to cross examine witnesses at the pre-charge stage...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 227, 228-- Framing of charge - At the stage of framing charge, Court has to prima facie consider, whether there is sufficient ground for proceeding against the accused or not - Court is not required to appreciate the evidence sufficient for conviction, at this stage...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 227, 228-- Framing of charge - No requirement to include all the facts contained in the final police report - Framing of charge itself is a prima facie order, indicative of the fact that the trial Judge has formed the opinion upon considering the police report, other documents and after hearing both the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 465, 467, 471, 477A, 120B-- Public servant - Sanction for prosecution - Offence of misappropriation and cheating - Cannot be relatable and in connection with or in relation to discharge of official duty - For such illegal act, no sanction u/s 197 Cr.P.C. is at all necessary...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Criminal proceedings - Quashing of - Petitioner/accused charged for offences u/ss 406, 420, 467, 468, 471 IPC - Both parties have decided to settle all their disputes by mutual compromise - Possibility of petitioner being convicted in case is absolutely remote - Held, no useful purpose would be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 409, 465, 467, 471, 477A, 120B, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 409, 465, 467, 471, 477-A, 120-B - Exoneration in disciplinary proceedings by itself is not a ground for quashing criminal proceedings...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 409, 465, 467, 471, 477A, 120B, Criminal Procedure Code, 1973, Section 482-- On the basis of forged bills BDPO cleared/passed the forged bills - Mere fact BDPO was a mere supervisory officer, ipso facto, is not a ground, much less cogent, to exonerate him at the initial stage of trial, particularly when prima facie, there is ample evidence on record to involve the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers - Not to be used to stifle a legitimate prosecution - High Court should not ordinarily embark upon an inquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it the accusation would not be sustained, which are the functions of the..........

Showing : 4981-4990 of 13235 Results