RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Application u/s 311 Cr.P.C - Notice kept in envelop permitted to be exhibited by Trial Court while allowing application - Notice was part of envelop and could not be exhibited due to inadvertence - Assigning exhibit to notice at subsequent stage does not amount to filling lacuna but correcting an..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Second FIR - Quashing - Second FIR based on new set of facts and new set of allegations and not based on old set of allegations as made in the first FIR - Prima facie case made out against accused - Impugned order of High Court quashing second FIR set aside and order of trial Court taking..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 219-- Consolidation of charge sheets - One FIR - 22 Charge sheets filed - Wherever offences arising out of one FIR within space of 12 months from first to last of such offences have occurred, Court shall consolidate charge sheets filed, however, number of charge sheets consolidated shall be three, where..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Statements of an accused u/s 313 Cr.P.C cannot be used as evidence in holding him guilty of offence but answers given by accused to questions put to him during examination u/s 313 Cr.P.C can well be taken into consideration in deciding whether prosecution evidence can be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 65, 3, 4, 45-- Bail - Dismissal of application - On the ground of no, compliance of S.45 PML Act - Being provisions of S.45 PML Act not mandatory in nature, matter remitted to Session Judge for deciding the case on merits...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Omission to give names of assailants or witnesses in the FIR not all times be fatal to prosecution, if FIR is lodged without delay - Unless there are indications of fabrication, Court cannot reject prosecution case as given in FIR merely because of omission...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charges - At the stage of framing of charge, Court is required to evaluate the material and documents on record with a view of finding out if facts emerging therefrom, taken at their face value, disclose the existence of all ingredients constituting alleged offence - Court is not..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401-- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears of maintenance - Pendency of such revision and..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420-- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by S.39 IPC is there..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 320, 482-- Cheating - Compounding of offence - Accused deposited the amount involved in alleged transaction - Complainant has no intention to proceed with prosecution, since he is getting his money - Since alleged offence is compoundable with permission of Court, accused permitted to move trial Court for..........