Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Cheating - Civil dispute between parties - Charge sheet has already been filed and there is no requirement of applicants for investigation - Accused has no criminal history - Bail granted...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - For framing of a charge against accused, not only suspicion but grave suspicion that accused is likely to have committed the offence is required...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 498A, 304B, 34 -- Discharge - Offence u/ss 498-A, 304-B, 34 IPC - Allegation against mother-in-law - No specific allegation made against accused for either harassing deceased or treating her with cruelty for and in connection with demand for dowry - No material against accused for proceedings..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Power u/s 216 Cr.P.C is exclusively confined with Court as an enabling provision with purpose of alteration or addition of any charge at any time before pronouncement of judgment - No party neither de facto complainant nor accused or for that matter prosecution has any vested right to seek any addition or..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Applicants were named in FIR, however, they were not shown as accused in charge sheet - PW1, has specifically named applicants and specific role has been attributed to them - Statement of PW1 before Court can be said to be evidence during trial - Consequently on basis of said evidence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 186, 353, 427, 148, 149, 379, 506, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Bail - Offence u/ss 307, 186, 353, 427, 148, 149, 379, 506 IPC and S.21 of 1957 Act - Petitioner is not named in FIR - No specific part in the form of causing injury to any of public..........
Criminal Procedure Code, 1973, Section 245(2) -- Warrant case - Discharge - Magistrate has necessary discretion u/s 245(2) Cr.P.C to discharge accused in a warrant case instituted on private complaint when he is satisfied that complainant has neglected to participate in pre-charge enquiry and failed for no good reasons to adduce evidence requisite for formulating a charge..........
Criminal Procedure Code, 1973, Section 482, 216, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Quashing of Order - Order altering charge u/s 7 to Ss.13(1)(d), 13(2) of P. C Act - Charge altered on application of prosecution - Trial Court has not suo moto invoked its jurisdiction and thus, failed to exercise jurisdiction available to it - Impugned order..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where cognizance is taken by trial Court and charge sheet is already filed, prior sanction which is indirectly a shield provided to government servants to protect them for..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 27 -- Quashing of FIR - Offence u/ss 25, 27 of Arms Act - Prima facie it reflects that 32 bore pistol seized from possession of A-1 along with three live cartridge - Strong case found against A-1 and he received pistol from his friend A-2 and on basis of that statement A-2 was inducted as accused -..........
