Showing : 351-360 of 1335 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 155(2)-- Order u/s 155(2) Cr.P.C. can be passed by Magistrate on the motion of complainant himself or at the instance of officer-i, charge of police station - However, Magistrate is to be sure that police officer is not indiscriminately abusing his powers to commence an investigation in a no, cognizable..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Power of Court - If there is no prima facie evidence against a person in charge-sheet, then Court has jurisdiction to pass order to discharge such person...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 326(3)-- Summary/summons trial - Case registered as summary case - But regular recording of oral evidence of PWs was done - Learned judge was transferred and new presiding officer took charge - Magistrate failed to consider that case was not being tried as summary case, but was being tried as a regular..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence on charge sheet - Application of mind by Magistrate - No set pattern for taking cognizance - Magistrate while taking cognizance is to apply his mind regarding prima facie case being made out unlike the clear cut observation that is to be taken in the proceedings u/s 111..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 222, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Non-framing of charge u/s 376 IPC - Rape as defined u/s 375 IPC and penetrative sexual assault by penis into vagina u/s 4 of the POCSO Act have got all common ingredients - Conviction of accused u/s 4 of POCSO Act therefore liable to be set aside and accused is liable to be convicted for an..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167-- Remand - Custody of accused cannot be said to be illegal after filing of charge sheet till cognizance of offence is taken, particularly when intervening period after filing of charge sheet and till cognizance is taken is not due to lapse of Court or police...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 201-- Summoning of additional accused - Murder case - Evidence on record shows that petitioners were named in the FIR but after conclusion of investigation I.O. did not submit charge-sheet against them - However, when trial commenced and statement of PWs recorded, names of petitioners surfaced -..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 321-- Withdrawal from prosecution - Three FIR's against petitioners/protesters were registered by police under IPC - However, there was hardly any cogent and reliable evidence against petitioners - Investigating agency submitted charge sheet in the absence of cogent and reliable evidence - Withdrawal of..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - FIR u/ss 307, 34 IPC and S.25 of Arms Act - Charge-sheet not filed within stipulated period of 90 days - Petitioner filed application u/s 167(2) Cr.P.C. on account of default on prosecuting agency in filing charge sheet - Mere fact that subsequent thereto charge sheet was filed by..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 227, 228, 397, 401, Indian Penal Code, 1860, Section 406, 34, 36, 376(2)(g), 366-- Framing of charge - Revision against - Allegations against revisionists that victim was raped by co-accused in furtherance of common intention of co-accused - Held, there is no illegality or impropriety in impugned order framing charges against revisionists - Petition dismissed...........

Showing : 351-360 of 1335 Results