Showing : 2521-2530 of 14158 Results

ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Examination of accused u/S.313 of Cr.P.C. is not mere formality - It has got practical utility for criminal courts in affording opportunity to accused to explain incriminating circumstances - Questions should be framed in an easily understandable manner and they should not..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 401-- Revision - When findings of facts recorded by Courts below are not supportable on evidence on record, revisional Court would be justified for conducting an independent reassessment of evidence and to supplant conclusion of his own - If there is any manifest illegality, perversity and miscarriage..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - After taking cognizance on the basis of earlier report - At that stage, Magistrate can neither suo motu nor on application filed by complainant/informant direct further investigation - Such a course is open only on the request of I.O. and that too in circumstances..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202-- Direction for investigation by Magistrate u/s 202 Cr.P.C. - At post-cognizance stage, while dealing with a complaint, is in the nature of an inquiry and not a further investigation u/s 173(8) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Magistrate has power to direct investigation u/s 156(3) at pre-cognizance stage, even after a charge-sheet or a closure report is submitted - Once cognizance is taken, Magistrate is bereft of any competence to direct further investigation, either suo motu or acting on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506-- Quashing of FIR - Compromise - Rape - Accused performed marriage with complainant which was the alleged promise made to her when they developed physical relationship about 10 years ago - They are leading a blissful married life - Grievance of complainant gets redressed substantially much less..........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 209-- Remand by Magistrate to judicial custody after submission of charge sheet but before taking cognizance of offence in a Sessions case, is a valid remand, notwithstanding the fact that in the order sheet of concerned cases, there being no such order saying that `cognizance has been taken'...........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 209, 309(2), 167(2)-- Remand - Power of remand conferred on Magistrate u/s 209(a), (b) Cr.P.C. is not subject to other provisions of remand i.e S.167(2), 309(2) Cr.P.C., rather this power is independent in nature and only available to Magistrate under commitment proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 386(b)(i)-- Powers of Appellate Court - Though word "retrial" is used in S.386(b)(i) Cr.P.C, however, power conferred under said clause is to be exercised only in exceptional cases, where appellate Court is satisfied that omission or irregularity has occasioned in failure of justice...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 386(b)(i)-- De novo trial - Meaning - New trial is ordered by appellate Court in exceptional cases when original trial failed to make determination in a manner dictated by law...........

Showing : 2521-2530 of 14158 Results