Criminal Procedure Code, 1973, Section 240 -- Charge - Court at the stage of framing charge is to consider sufficiency of materials available on record to find out if a prima facie case is made out or not - Roving inquiry at this stage is not permissible...........
Criminal Procedure Code, 1973, Section 155(2), 155(1) -- Non cognizable offence - Investigation by police - Police officer to refer information to Magistrate regarding commission of non cognizable offence - Thereafter jurisdictional Magistrate is required to pass an order permitting police officer to investigate case - Unless police officer is permitted by an order of..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CIA - Rape case - Investigation of case was conducted by Special Investigation Team and charge sheet is filed - Apprehension expressed by victim was that mobile phone belonging to accused were not taken in custody, was dealt with by Supreme Court and it was ensured that said mobiles would be in..........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - While considering application for discharge or at the time of framing of charge, Court is only required to weigh material and evidence on record to find out whether prima facie case is made out against accused, which raises strong suspicion against him to have committed the offence and if it is found that..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 323, 504 -- Quashing of proceedings - Murder - Allegation that accused along with applicant poured kerosene oil on victim who sustained serious burn injuries and as a result she succumbed to death - From perusal of allegation made in FIR, statement of witnesses during investigation, charge..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Irrespective of nature and gravity of charge, precedent of another case alone will not be basis for either grant or refusal of bail though it may have a bearing on principle...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, Court has to see if there is sufficient ground for proceeding against accused - While evaluating materials, strict standard of proof is not required, only prima facie case against accused is to be seen...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - For framing of charges, judge is not required to record detailed reasons...........
Criminal Procedure Code, 1973, Section 482, 228, Indian Penal Code, 1860, Section 302, 34 -- Quashing of charges - Murder case - There is sufficient ground for proceeding against accused and frame charges against accused - At the stage of framing charge, Court is not required to hold an elaborate enquiry, only prima facie case is to be seen - High Court committed error in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Petitioners summoned with aid of S.319 of the Cr.P.C - Since trial is already proceeding pursuant to filing of charge sheet, it is certainly not a case where any custodial interrogation of petitioners is required - Bail granted...........
