Showing : 431-440 of 1192 Results

CALCUTTA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2), 173(8)-- Right to statutory bail - When can be claimed? - Held, right to statutory bail u/s.167(2) CrPC can be claimed by an accused only when investigating officer fails to conclude investigation within specified period - No step taken or not taken by Court creates right or keeps it alive - Once..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2), 173(8)-- Statutory bail - Charge-sheet submitted but cognizance not taken on or before date when accused refused bail and remanded to custody - Court directed further investigation in the matter - Second charge-sheet submitted by investigating officer because of order of Court directing further..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 304A, 337, 338-- Offence u/ss 337, 338, 304-A IPC - Charge sheet filed after 16 and half years - Order taking cognizance quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 473-- Condonation of delay - Charge sheet u/ss 304-A, 337, 338 filed after delay of almost sixteen and half years - Even charge sheet itself prepared after five and half years - Held, charge sheet was prepared after expiry of limitation period and cognizance taken after delay of 16 years is bad in law..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 216, 218, 228, 154-- Addition of sections in charge-sheet - Case based on FIR lodged before police - Held, correct stage for addition or subtraction of sections will have to be determined at the time of framing of charge...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Grant of - Procedure for - Held, prosecution must send entire relevant record to sanctioning authority including FIR, disclosure statements, statements of witnesses, recovery memos, draft charge-sheet and all other relevant material - Record so sent should also contain..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Filing of charge sheet or even framing of charge is not a bar to exercise of power u/s 482 Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Powers u/s 482 are extraordinary in nature and should be used with caution and care - But basis of powers is that it should be used for advancement of justice and such powers could be used at any stage or intermediate stage of trial - Objection that charge sheet has been filed is..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 300-- Double jeopardy - Offence u/ss 7, 13(1)(d) & 13(2) of Prevention of Corruption Act - Petitioner was earlier tried and acquitted for the same offence on merits as well as for want of appropriate sanction - Filing of fresh charge-sheet after obtaining fresh sanction amounted to double jeopardy and..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Grant of - Held, accused has a right to be released on bail as soon as prescribed period of 90 days or 60 days as the case may be expires - But to get benefit of said provision an application for grant of bail is required to be filed by accused - If no such application is filed and..........

Showing : 431-440 of 1192 Results