Showing : 1-10 of 199 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case made out for discharge at..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - While deciding an application for discharge, Court can neither go into probable defence taken by accused nor documents produced by him - Court has to confine itself to papers or documents produced and relied on by prosecution...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 307-- Discharge - Attempt to murder - Long pending dispute between parties - Allegation against seven persons of having caused injuries to injured who are two in numbers - None of injuries caused on vital part of body of victim - Intention to cause death is thus, missing - Accused rightly discharged...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Charge already framed and explained to accused - 125 PWs are already examined by prosecution and they are cross-examined by accused - There is no question of discharge of accused - Application for discharge rightly dismissed...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Once charge is framed, there cannot be any question of discharge...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, 227-- Framing of charge - Charges framed against accused by trial Court without considering application u/s 227 Cr.P.C - It is desirable to examine prima facie material against accused before framing charge, when there was an application u/s 227 Cr.P.C. on behalf of accused for discharging him -..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 364A-- Discharge - Kidnapping for ransom - Ransom note - Veracity - Two State Forensic Science Laboratories opined that ransom note in question was not in handwriting of accused - Opinion of expert is not substantive evidence, which Court is not bound to accept - Moreover, expert opinion is to be..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227-- Charge - Order framing charge - Challenge thereto - Order framing charge is not purely interlocutory order and in a given situation be interfere with u/s 397(2) Cr.P.C. or 482 Cr.P.C. or Article 227 of the Constitution which is a constitutional provision but the power of High Court to interfere..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Words `not sufficient ground for proceeding against accused' appearing in S.227 Cr.P.C. postulate exercise of judicial mind on part of judge to facts of case in order to determine whether a case for trial has been made out by prosecution...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - An order of discharge would be warranted only in those cases where Court is satisfied that there are no chances of conviction of an accused and trial would be an exercise in futility - Probative value of material on record cannot be gone into by Court...........

Showing : 1-10 of 199 Results