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Results of criminal procedure code

Showing : 131-140 of 4094 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 218, Indian Penal Code, 1860, Section 149, 141 -- Non-framing of charge u/s 141 IPC - Charge framed u/s 149 IPC - Actions of an unlawful assembly and punishment thereafter are set out in subsequent provisions after S.141 IPC and as long as those ingredients are met, S.149 IPC can be invoked - It cannot be said that any fatal flaw..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 161 -- Delay in recording statement of eye witness - Murder case - Mere delay in recording statement of eye witness by I.O cannot ipso facto raise suspicion in the mind of Court about veracity of prosecution case, more particularly about veracity of eye witness...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 53 -- DNA test during investigation - Not permissible without carrying out substantial investigation - Moreso when in the investigation conducted no such material is brought on the basis of which it could be opined that conducting DNA test is necessary - Impugned order directing conducting of DNA test set aside...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred on Magistrate by Supreme Court in exercise of jurisdiction..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Three conditions are to be fulfilled for interference u/s 482 Cr.P.C: (i) injustice which comes to light should be of a grave and not of a trivial character; (ii) it should be palpable and clear and not doubtful and; (iii) there should exist no other provision of law by which party aggrieved..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Court is only to be prima facie satisfied about existence of sufficient ground for proceeding against accused - For that limited purpose, Court can evaluate materials and documents on record, but it cannot appreciate the evidence to conclude whether materials produced are sufficient or not for..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34 -- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail and challenging order of grant of bail - Consideration applicable for cancellation of bail and consideration for challenging order of grant of bail on the ground of arbitrary exercise of discretion are different - While considering application of cancellation of bail, Court ordinarily looks for some..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail and challenging order of grant of bail - Appellant challenged the very grant of bail on ground of arbitrary exercise of discretion ignoring relevant materials to be considered in application for bail - Since High Court proceeded under footing as if appellant had filed application only for cancellation of..........

Showing : 131-140 of 4094 Results