Criminal Procedure Code, 1973, Section 397, Electricity Act, Section 39 - - Framing of charge - Revision against - Petitioner availed remedy of filing revision petition before revisional Court against cognizance order and further remedy by way of filing petition u/s 482 Cr.P.C. in which petitioner did not challenge the order of cognizance on merit - Held, it will be deemed..........
Criminal Procedure Code, 1973, Section 227 -- Application for discharge dismissed - Revision against - Sufficient material on record to suggest that soon before her death deceased was continuously harassed by accused on account of dowry demand - Trial Court after recording prima facie satisfaction observed that there are sufficient grounds for framing charge u/s 498-A and..........
Criminal Procedure Code, 1973, Section 397,401, Prevention of Corruption Act, 1988, Section 19(3)(c) -- Case registered against petitioner, a public servant, under Corruption Act of possessing assets disproportionate to his known sources of income - Investigating agency submitted charge sheet after completion of investigation - Revision filed against order framing charge -..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 397 -- Charge - Revision against framing charge u/s 420 IPC - Accused bargaining of gold pertaining to some pieces of yellow alloy stating it to be gold - Ingredients of cheating well available in the case - At this stage it cannot be stated that no offence is committed by the accused on the face..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), 19, Criminal Procedure Code, 1973, Section 397 -- Bar of revision - Charge framed against accused for the offence u/ss 120-B, 420, 468, 471 of IPC and also under Corruption Act - Revision against order framing charge - Held, order framing charge is not an interlocutory order - Hence revision is maintainable...........
Criminal Procedure Code, 1973, Section 397(2), Prevention of Corruption Act, 1988, Section 19(3)(c) -- Revision - Order of framing charge - Whether an interlocutory order? - Held, any order which substantially affects rights of accused or decides certain rights of parties cannot be said to be interlocutory order so as to bar a revision against that order - An order which..........
Indian Penal Code, 1860, Section 148, 149, 120B, 500, 506, Criminal Procedure Code, 1973, Section 203, 245, 255, 378 -- Appeal against acquittal - Magistrate discharged accused as there was not sufficient material to frame charge against them - Revision against - Order for framing of charge passed - Held, that trial Court cannot pass an order of discharge in a summons case..........
Ranbir Penal Code, 1989, Section 120B, 467, 468, 471, 420 - - Criminal conspiracy - Cheating - Proof - Co-accused acquitted - State has not filed any appeal or revision against their order of acquittal and same having become final - Charge of conspiracy fails - Conviction of appellant u/ss 467, 468 r/w Ss.471 and 420, RPC without framing any substantive and independent..........
Criminal Procedure Code, 1973, Section 211 -- Charge - Revision against - High Court should not interfere at the stage of framing the charges merely on hypothesis, imagination and far fetched reasons which in law amount to interdicting the trial against the accused...........
Criminal Procedure Code, 1973, Section 211, 397, 401 -- Charge - Framing of - Revision against - If two views are possible then one favouring prosecution has to be taken if evidence collected gives rise to grave suspicion - No ground to interfere if trial Court on basis of evidence finds that accused appears to be connected with offence - Revisional powers cannot be..........